Short answer
Yes, from their estate. After modest funeral costs, the person's debts are paid in full before any bequest or inheritance. Heirs are not personally liable beyond the estate, but paying from your own money is a great kindness. In the Hanafi school, debts owed to Allah such as zakat or fidya are paid only if the person made a will for them.
The estate is used in this order: funeral costs, then debts owed to people, then the wasiyyah from a third of what remains, then the heirs. Unpaid zakat, fidya for missed prayers or fasts, and Hajj are paid from the third only if the dead person left a will asking for it; otherwise the heirs may pay voluntarily.
Other madhhabs
- Shafi'i
- Debts owed to Allah, such as zakat and an obligatory Hajj, are paid from the whole estate even without a will.
- Hanbali
- Debts owed to Allah are paid from the whole estate even without a will, like debts to people.
Explanation
Debt is serious in Islam. The Prophet ﷺ said that the believer's soul is held back by his debt until it is paid, and that a martyr is forgiven everything except debt. So the family's first duty with the money a person leaves, after a simple funeral, is to settle what they owed.
The order of the estate:
- Funeral, washing, kafan and burial costs, at a modest level.
- Debts to people: loans, unpaid bills, wages owed, unpaid mahr to the wife.
- The wasiyyah (bequest), up to one third of what remains; see wills in Islam.
- The heirs, according to the fixed shares; see the inheritance calculator.
If the estate is not enough. The heirs are not legally bound to pay more from their own money. But a child, spouse or friend who pays it out of love does a great good, and the Prophet ﷺ would ask before a janazah whether the person owed money. Ask lenders to forgive what remains; forgiving a debt is charity.
Debts to Allah. In the Hanafi school, unpaid zakat and fidya for missed fasts or prayers are paid from the estate only if the person asked for it in their will, and only up to a third. Without a will, heirs may pay out of kindness, and we hope Allah accepts it. The fidya calculator helps estimate the amount.
Debts with interest, mortgages, and loans in a joint name raise detailed questions, so speak to a mufti and a lawyer.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah An-Nisaa 4:11
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ﴿١١﴾
Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
The shares of heirs come only after debts and bequests.
Quran, Surah An-Nisaa 4:12
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ ﴿١٢﴾
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
Debts are settled before the estate is divided.
Jami' at-Tirmidhi 1078
Graded sahih... نفس المؤمن معلقة بدينه حتى يقضى عنه ...
"The believer's soul is held back by his debt until it is paid for him."
Paying the debt quickly benefits the dead.
Sahih Muslim 1886
Sahih... يغفر للشهيد كل ذنب إلا الدين ...
"The martyr is forgiven every sin except debt."
Debt to people is not wiped out by death.
Sahih al-Bukhari 2289
Sahih... صلوا على صاحبكم ...
"Pray over your companion."
The Prophet ﷺ held back from leading the janazah of a debtor until it was paid, to teach its weight.
Where the ruling is recorded
- al-Durr al-Mukhtar, Kitab al-Fara'id. The four rights attached to the estate and their order.
- al-Hidaya, Kitab al-Sawm. Fidya for missed fasts is paid from the third when the dead person willed it.
- al-Mughni (Ibn Qudama), Kitab al-Fara'id. The Hanbali view on paying debts to Allah from the estate.
This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.