The debt of the deceased does not clear his liability except by its repayment
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Fatwa number ( 21258 )
Q: Our father passed away (may Allah have mercy on him) two months ago, leaving behind an estate consisting of 31,000 riyals and some sheep, approximately 80 in number. He had a debt with the Real Estate Fund amounting to 240,000 riyals. Twenty installments have come due, but he did not pay that debt, and the state has not demanded it. He left behind 11 minor children, his wife, and 8 adult sons and daughters. We have contacted the Real Estate Fund and requested to pay five
installments amounting to 48,000 riyals, with the remainder to be paid in installments again. They took a pledge and commitment from the beneficiary, who is me, as I am the eldest of my brothers and their agent, to pay the installments on time. Does this clear my father's liability and transfer the debt to my liability after paying 48,000 riyals and taking the pledge for repayment? Knowing that the house is not inhabited and is not of any benefit. We thank you greatly.
A: If the situation is as described and you have undertaken to pay your father's debt on behalf of your brothers, then you will be rewarded for that, if Allah wills. However, your father's liability is not cleared except by the payment of the debt. We ask Allah to help you in repaying it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Our father passed away (may Allah have mercy on him) two months ago, leaving behind an estate consisting of 31,000 riyals and some sheep, approximately 80 in number. He had a debt with the Real Estate Fund amounting to 240,000 riyals. Twenty installments have come due, but he did not pay that debt, and the state has not demanded it. He left behind 11 minor children, his wife, and 8 adult sons and daughters. We have contacted the Real Estate Fund and requested to pay five
installments amounting to 48,000 riyals, with the remainder to be paid in installments again. They took a pledge and commitment from the beneficiary, who is me, as I am the eldest of my brothers and their agent, to pay the installments on time. Does this clear my father's liability and transfer the debt to my liability after paying 48,000 riyals and taking the pledge for repayment? Knowing that the house is not inhabited and is not of any benefit. We thank you greatly.
A: If the situation is as described and you have undertaken to pay your father's debt on behalf of your brothers, then you will be rewarded for that, if Allah wills. However, your father's liability is not cleared except by the payment of the debt. We ask Allah to help you in repaying it. 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.