Hermes Bot
30 lines
4.7 KiB
Markdown
30 lines
4.7 KiB
Markdown
## THE DECLARATION
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**HUKM:** The executor shall settle all outstanding debts, discharge the _zakat_ obligation on the estate’s wealth, and recover any unpaid _zakat_ from the deceased’s pre‑death years before any single dirham is transferred to a beneficiary, heir, or endowment.
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**DALEEL:** “The soul of a believer is held hostage by his debt until it is paid” (Tirmidhi). And the _ijma‘_ of the _fuqaha’_: the estate is not owned by the heirs until debts are cleared. The Prophet (ﷺ) in the Farewell Hajj instructed: “Begin with the debts before the bequest” (Muslim). The _zakat_ obligation is a debt owed to Allah, and the _Sahabah_ ruled that it must be taken from the estate even before the will is executed.
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**MAQSAD:** Hifz al-Mal (Preservation of Wealth) — but specifically, preservation of the _barakah_ of the wealth. Unpaid debt poisons the shares of heirs; unpaid _zakat_ renders the entire estate subject to divine claim. The _maqsad_ is to ensure that only purified, unencumbered property enters the _fara’id_ distribution, protecting the heirs from consuming what is not lawfully theirs.
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**SHURUT:**
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- The executor must compile a complete inventory of all debts, both known (bank loans, credit cards, personal loans) and potential (unpaid rent, medical bills, pending lawsuits), before any distribution.
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- _Zakat_ must be calculated on all liquid assets, gold, silver, business inventory, stocks, and digital assets held by the deceased at the time of death, covering missed years if records exist.
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- The _wasiyyah_ (bequest) can only be funded from the remaining third _after_ debts and _zakat_ are fully satisfied; no bequest may take priority over creditors or the divine right.
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- The executor must obtain receipts and discharge certificates from each creditor and a _zakat_ settlement statement from a qualified scholar or automated _zakat_ calculator to close the file.
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**MUNKATHIRAT:**
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- Distributing any portion of the estate to heirs before debts are settled — this invalidates the executor’s fiduciary duty and may void the entire distribution, requiring clawback under _hukm al-takyif_.
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- Using the _wasiyyah_ (1/3) to pay debts or _zakat_ — this is a category error; debts and _zakat_ are prior obligations, not acts of voluntary charity.
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- Failing to investigate _zakat_ liability on cryptocurrency, DeFi yields, or tokenized assets — ignorance of _zakat_ obligations in new asset classes does not nullify the divine claim; the estate remains impure.
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## THE EXECUTION
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**STEP 1:** Within 48 hours of assuming executorship, lock all estate assets into a dedicated escrow account or multi‑signature wallet. No transfers outward except for burial expenses. Simultaneously, issue a public notice of death to creditors via registered mail to the deceased’s last known address and publish a digital notice on the estate’s website or social media (if applicable). Create a master debt ledger with columns: creditor, amount, proof of debt, priority (secured vs. unsecured), and status. Deadline: 7 days.
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**STEP 2:** By the 14th day, engage a qualified _zakat_ accountant or use a Shariah‑compliant _zakat_ calculator (e.g., Zakat Foundation’s tool) to compute total _zakat_ due: (a) _zakat al-mal_ on all liquid assets, (b) _zakat_ on business inventory at current market value, (c) _zakat_ on gold/silver at spot price, (d) _zakat_ on cryptocurrency at the lower of cost or market value on the death date, and (e) any unpaid _zakat_ from the deceased’s last 5 years (using records or reasonable estimation). Pay the _zakat_ immediately from the estate’s cash reserves. Obtain a written _fatwa_ or receipt from the paying agency.
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**STEP 3:** By the 30th day, after burial costs and _zakat_ are settled, pay all verified debts in order of priority: secured debts (mortgages, car loans) first, then unsecured (personal loans, credit cards, medical bills). If the estate is insolvent, distribute _pro rata_ to unsecured creditors. Keep a signed discharge receipt from each creditor. Only after every creditor account shows zero balance and the _zakat_ certificate is filed may the executor proceed to execute the _wasiyyah_ (if any) and then the _fara’id_. Document every transaction with timestamps and witness signatures.
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## THE HISBAH
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What hidden debt in your life — a loan you meant to repay, a _zakat_ year you skipped, a business partner you still owe — will your estate discover too late, and will that unpaid claim burn the inheritance of the very people you love? Where is the record? Where is the receipt? If you died tonight, would your executor even know which exchange wallet holds the BTC that must pay _zakat_ before your children can touch a single satoshi? Go find it. Today. Write it down. That silence is a debt you are leaving them. |