Does a person’s liability cease if he sells the building and the buyer assumes the loan on it?
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Question:
He says: I took a loan of three hundred thousand, then I sold the building, and the buyer assumed the loan. Does my liability cease with that regarding this loan, or
Answer:
No, your liability does not cease until the debt is paid to its owner. Even if someone assumes it on your behalf, your liability does not cease with that until the debt is settled. The evidence for this is that a man came to the Prophet (peace and blessings be upon him) to pray over his deceased, so the Prophet (peace and blessings be upon him) said: Does he have any debt? They said: Yes, he has two dinars. So the Prophet (peace and blessings be upon him) withdrew and said: Pray over your companion.
So one of the Companions said: The two dinars are on me, O Messenger of Allah, I will assume them. The Messenger (peace and blessings be upon him) stepped forward and prayed over him. Then, after a day or two, the Messenger asked this Companion: What did you do with the two dinars? He said: Not much time has passed, O Messenger of Allah. Then he met him a second time and asked: What did you do with the two dinars?
He said: I paid them off, O Messenger of Allah. He said: Now his skin has cooled. This indicates that the debt remains in the liability of the deceased until it is settled. Yes.
He says: I took a loan of three hundred thousand, then I sold the building, and the buyer assumed the loan. Does my liability cease with that regarding this loan, or
Answer:
No, your liability does not cease until the debt is paid to its owner. Even if someone assumes it on your behalf, your liability does not cease with that until the debt is settled. The evidence for this is that a man came to the Prophet (peace and blessings be upon him) to pray over his deceased, so the Prophet (peace and blessings be upon him) said: Does he have any debt? They said: Yes, he has two dinars. So the Prophet (peace and blessings be upon him) withdrew and said: Pray over your companion.
So one of the Companions said: The two dinars are on me, O Messenger of Allah, I will assume them. The Messenger (peace and blessings be upon him) stepped forward and prayed over him. Then, after a day or two, the Messenger asked this Companion: What did you do with the two dinars? He said: Not much time has passed, O Messenger of Allah. Then he met him a second time and asked: What did you do with the two dinars?
He said: I paid them off, O Messenger of Allah. He said: Now his skin has cooled. This indicates that the debt remains in the liability of the deceased until it is settled. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل تبرأ ذمة الشخص إذا باع العمارة وتحمل المشتري القرض الذي عليها؟ #فتاوى الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
