The World Federation One Stop Fiqh
Search
Menu

Ruling 2001

If a person owes khums or zakat, and ḥajjat al‑islām12 is obligatory on him, and he has debt as well, then, if he dies and his estate is not sufficient for all of these obligations, in the event that the property on which khums and zakat is obligatory has not perished, the khums and zakat must be paid and the rest of his estate must be used to settle his debt. However, if the property on which khums and zakat is obligatory has perished, then his estate must be used to settle his debt; and if after this anything is left, it must be spent for [hiring a representative to perform] hajj [on the deceased’s behalf]; and if after this anything remains, it must be divided between the khums and zakat debts.

12 Ḥajjat al‐islām is the term used for the hajj that is obligatory on a Muslim to perform once in his lifetime as a fundamental precept of the religion, as opposed to a hajj that is obligatory on a Muslim by means of a vow and suchlike.