Demanding that the family of an absent debtor repay the debt
Machine translationRead the Arabic original
The questioner:
And the case of the Shaykh (may Allah preserve him) is when the subject of the matter flees with the intention of not repaying the subject.
The Shaykh:
If.
The questioner:
If the defrauded party flees with the intention of not repaying the defrauded amount, should the family and guardians of the defrauded party be demanded to repay if he has assets?
The Shaykh:
The judge demands it; the judge is the one who takes the place of the absent person. As for his family, what is upon them? Nothing is upon them. But it returns to the court, and the court takes charge of this matter because it acts on behalf of the absent parties. Yes.
And the case of the Shaykh (may Allah preserve him) is when the subject of the matter flees with the intention of not repaying the subject.
The Shaykh:
If.
The questioner:
If the defrauded party flees with the intention of not repaying the defrauded amount, should the family and guardians of the defrauded party be demanded to repay if he has assets?
The Shaykh:
The judge demands it; the judge is the one who takes the place of the absent person. As for his family, what is upon them? Nothing is upon them. But it returns to the court, and the court takes charge of this matter because it acts on behalf of the absent parties. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 21 من 89|شرح العدة في شرح العمدة|البيوع|باب الحوالة والضمان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (57:13)
The Arabic text is a machine transcription of the audio recording.