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As to the previously stated hadith of Qabisah ibn Mukhariq, in which he says: "I had a debt. I went to the Messenger of Allah,
upon whom be peace, and asked him for help. He answered: 'Wait until we have received funds for sadaqah, then we will
give some to you.' " The expression hamalah in this hadith, as defined by the scholars, is to assume someone's responsibility
as one's own in order to restitute a discord. In pre-Islamic times, whenever strife took place among the Arab tribes and blood
was spilled, compensation was called for. In such a case, one of them would volunteer to meet the obligation until the strife
had ended. Undoubtedly, this was a noble act for these people. When the Arabs would come to know that one of them had
taken upon himself the responsibility (hamalah) of someone's debt, they would hasten to his help in the discharge of his
responsibility. If such a person asked for help, it was considered an honorable act and not derogatory to his character. No
conditions were stipulated. As for being qualified to obtain zakah in the discharge of such debts, it is not a pre-condition that
the person who has assumed the debt on another's behalf should be unable to pay it. In fact, he can still ask for zakah even
though he is a man of means.
Sahih Al-Bukhari Hadith
Hadith 7.284 Narrated by
Abu Huraira
A dead man in debt used to be brought to Allah's Apostle who would ask, "Has he left anything to repay his debts?" If he was
informed that he had left something to cover his debts the Prophet would offer the funeral prayer for him; otherwise he would
say to the Muslims present there, "Offer the funeral prayer for your friend," but when Allah helped the Prophet to gain victory
(on his expeditions), he said, "I am closer to the Believers than themselves, so if one of the Believers dies in debt, I will repay
it, but if he leaves wealth, it will be for his heirs."
Fiqh-us-Sunnah
Fiqh 5.12a
He Who Dies Without Performing Obligatory Hajj
If a person dies before performing obligatory Hajj or if one vowed to perform Hajj but died before fulfilling one' s vow, his heir
must assign someone to perform Hajj on behalf of the deceased. All the ensuing expenses in this regard must be paid out of
the deceased's property, as indeed must be any debts left by him……
Sahih Bukhari Hadith Subjects
Debt Transfering
1. Rejecting Al-Hawala after accepting it
B 3.486
2. Transferring the debt of a dead person
B 3.487
3. Validity of transferred debt of a dead person
B 3.488
4. Kafala in loans and debts
B 3.488B
5. 'And those with whom your right hands have made a pledge, give them their due share' (Surah 4 Ayah 33)
B 3.489, B 3.490, B 3.491
6. Intention of repaying debts of a dead person
B 3.492, B 3.493
7. The pledge of protection
B 3.494
8. Debts
B 3.495
Sahih Al-Bukhari Hadith
Hadith 3.575 Narrated by
Abu Huraira
A man demanded his debts from Allah's Apostle in such a rude manner that the companions of the Prophet intended to harm
him, but the Prophet said, "Leave him, no doubt, for he (the creditor) has the right to demand it (harshly). Buy a camel and
give it to him." They said, "The camel that is available is older than the camel he demands. "The Prophet said, "Buy it and
give it to him, for the best among you are those who repay their debts handsomely. "
Fiqh-us-Sunnah
Fiqh 4.95
The Abode of Souls
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