A question regarding the necessity of settling debts from a deceased person's estate, particularly concerning injustices and whether they are considered debts.
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1 Answer
Peace be upon you.
Grand Ayatollah Sayyid Sistani (may Allah protect him):
Yes, injustices must be settled from the estate before distributing it to the heirs. The heirs are not permitted to manage the inherited wealth (whether cash or physical assets like a house or car) before paying off the deceased's debts and addressing any injustices, regardless of whether the deceased left a will or not. If there is certainty about injustices committed against him, it is necessary to seek out the rightful owners or their heirs. If the rightful owner is unknown, it is advisable to consult the religious authority before giving charity to the poor.
Source: Minhaj al-Salihin - Vol. 1 - Duties of Those with Religious Obligations at the Time of Death + Official Website
Grand Ayatollah Sayyid Khamenei (may Allah protect him):
Yes, injustices must be settled from the estate before distributing it to the heirs. The heirs are not allowed to manage the inherited wealth (whether cash or physical assets like a house or car) before paying off the deceased's debts and addressing any injustices, regardless of whether the deceased left a will or not. If there is certainty about injustices committed against him, it is necessary to seek out the rightful owners or their heirs. If it is impossible to find them, you may consult the religious authority regarding this matter or give charity on behalf of the owner.
Source:
Answers to Questions - Religion and Loans - Q 1763 + 1766 + Tahrir al-Wasilah - Wills - M 23 + Official Website + Answers to Questions - Khums - Cases of Spending, Requests, Gifts, and Religious Salaries - Q 1020
May you be successful in all good.