The heirs waiving their right so that the money in the mosque and the house is taken by one of them to settle the debt
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Fatwa number ( 21651 )
Q: My father passed away, leaving behind a sum of money estimated at fifty thousand riyals, and a house mortgaged to the Real Estate Fund for a sum of two hundred and fifty thousand riyals, of which one hundred and fifty thousand riyals is due for payment. All the heirs agreed to give the money to a mosque to be considered a continuous charity, while regarding the house, one of the heirs would undertake to pay the amount demanded by the bank, and after that, the house would become his right by the heirs waiving their claim to it, in exchange for him settling that debt on behalf of the father. It is known that there are no minors among the heirs. My question is: Is this action permissible, and does the debt drop from my father's liability and transfer to the liability of the person who guaranteed paying the amount? And is it permissible to pay the amount due, which is one hundred and fifty thousand riyals, in installments if the heir does not currently possess that amount, given that he has intended to pay and clear the deceased's liability from that loan? And does this debt remain in the father's liability until the amount is paid in full, or does it transfer to the heir's liability, and is he obligated to pay according to the heirs' agreement? And does this mortgaged debt apply to what happened with the Messenger of Allah (peace and blessings be upon him) when the funeral was brought and he asked: "Does he have any debt?" and one of the Companions undertook to pay it, and he (peace and blessings be upon him) said about him: "His soul is suspended until the debt is paid off."
A: First: If all the heirs, and there are no minors among them, waive their right to the
house for their brother in exchange for him settling their father's debt to the Real Estate Bank, there is no blame on them for that; because it is their right. Second: If your brother undertakes to pay off your father's debt, he has the choice: if he wishes, he can pay it in the installments followed by the Real Estate Bank, and if he wishes, he can pay it in one lump sum immediately. Third: If a person takes on the debt of the deceased, the deceased's liability is cleared and the debt drops from him, but the clearing of his liability is not realized except by paying the entire right to the bank. There is no harm in delaying the payment if it is in future installments, and that does not harm your father, if Allah wills; because the delay is his right, and the debt has a mortgage. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father passed away, leaving behind a sum of money estimated at fifty thousand riyals, and a house mortgaged to the Real Estate Fund for a sum of two hundred and fifty thousand riyals, of which one hundred and fifty thousand riyals is due for payment. All the heirs agreed to give the money to a mosque to be considered a continuous charity, while regarding the house, one of the heirs would undertake to pay the amount demanded by the bank, and after that, the house would become his right by the heirs waiving their claim to it, in exchange for him settling that debt on behalf of the father. It is known that there are no minors among the heirs. My question is: Is this action permissible, and does the debt drop from my father's liability and transfer to the liability of the person who guaranteed paying the amount? And is it permissible to pay the amount due, which is one hundred and fifty thousand riyals, in installments if the heir does not currently possess that amount, given that he has intended to pay and clear the deceased's liability from that loan? And does this debt remain in the father's liability until the amount is paid in full, or does it transfer to the heir's liability, and is he obligated to pay according to the heirs' agreement? And does this mortgaged debt apply to what happened with the Messenger of Allah (peace and blessings be upon him) when the funeral was brought and he asked: "Does he have any debt?" and one of the Companions undertook to pay it, and he (peace and blessings be upon him) said about him: "His soul is suspended until the debt is paid off."
A: First: If all the heirs, and there are no minors among them, waive their right to the
house for their brother in exchange for him settling their father's debt to the Real Estate Bank, there is no blame on them for that; because it is their right. Second: If your brother undertakes to pay off your father's debt, he has the choice: if he wishes, he can pay it in the installments followed by the Real Estate Bank, and if he wishes, he can pay it in one lump sum immediately. Third: If a person takes on the debt of the deceased, the deceased's liability is cleared and the debt drops from him, but the clearing of his liability is not realized except by paying the entire right to the bank. There is no harm in delaying the payment if it is in future installments, and that does not harm your father, if Allah wills; because the delay is his right, and the debt has a mortgage. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.