of ten thousand riyals. When he dies, and we find that he has only ten thousand riyals, his debt must be paid, even if he had made a bequest of something; the bequest is invalid. Even if he had bequeathed a specific item, we invalidate the bequest and settle the debt. Thus, debt takes precedence over bequests and inheritances.

Someone may perhaps ask: Has Allah not placed the bequest before the debt, saying: “after payment of any bequest he may have made or any debt” [al-Nisaʾ 4:11]? And in the second verse: “any bequest he may have made or any debt”; and He said: “after payment of any bequest you may have made or any debt”; and: “after payment of any bequest they may have made or any debt” [al-Nisaʾ 4:12]? Thus, He began with the bequest, whereas the rule is that one begins with what is more important and then what follows in importance.

The answer to this is from two angles:

First: Ali ibn Abi Talib said: “The Prophet ruled that the debt is settled before the bequest.” (1)

Second: The wisdom behind mentioning the bequest first is to give it special attention, because no one comes forward to claim a bequest, whereas a debt has someone who claims it. Since no one claims the bequest, the heirs may delay carrying it out, or even deny it. They cannot do this with respect to a debt, for if they delay settling it, its owner will demand it.

In conclusion, the debt is settled before the bequest, and after the debt has been settled