riyals—making three hundred in all. We begin with the burial preparations: we take one hundred riyals and use it to prepare the deceased. Then comes the debt secured by collateral. We say to the holder of the collateral: “Sell this sheep and recover your full right of one hundred riyals.” If the other creditor says, “I too have a claim against him,” we say: “Your debt comes after the debt secured by collateral.” Nothing remains for the unsecured debt, and the heir is not required to settle it.
Yet we give glad tidings to debtors who took people’s wealth intending to repay it, but were prevented by circumstances: Allah will repay it on their behalf, out of His bounty and generosity. As the Prophet ﷺ said: “Whoever takes people’s wealth intending to repay it, Allah will repay it on his behalf.” (1)
After this comes the debt not secured by collateral. Thus, if a person dies leaving two hundred riyals and a sheep worth one hundred riyals, pledged as security for a debt of one hundred riyals, while also owing an unsecured debt of one hundred riyals and having made a bequest, we distribute the estate as follows: the first hundred is for the burial preparations; the second hundred—the sheep—is for the debt secured by collateral; and the third hundred is for the unsecured debt. The bequest is not executed, because it comes after these three, and nothing remains for it.
Another example: if a person dies leaving two hundred and ninety riyals, while owing a debt secured by collateral of one hundred riyals, with the pledged property being worth one hundred riyals; also owing an unsecured debt of one hundred riyals; and having made a bequest of one third—then, first, we take one hundred riyals for the burial preparations; second, one hundred riyals for the debt secured by collateral; and third, one hundred riyals for the unsecured debt. Ninety riyals remain. Since he bequeathed one third, we take thirty riyals for the bequest, leaving sixty riyals for inheritance. Here, we have given the bequest precedence over the inheritance, because we took a full third of the principal estate for the bequest; and when we take one third, two thirds remain.