A person died leaving a debt, and another person undertook to pay it to the creditor. Is the deceased’s liability discharged by this?
Machine translationRead the Arabic original
The questioner : If a person dies with two debts, and another person undertakes to pay them, meaning, yes, is the deceased’s liability discharged?
The Shaykh : There is scholarly disagreement on this. The story of Abu Qatadah (may Allah be pleased with him) when he took on the debt of two dinars: the Prophet (peace and blessings be upon him) came forward and prayed over the assembly. They said that his prayer over him indicates that his liability was discharged. However, in some narrations of the hadith, the Messenger asked Abu Qatadah until he said, “Have you paid them?” He said, “Now your skin has cooled over you.” This indicates that the deceased is not fully discharged from them until they are paid. This is because the guarantor may delay, and perhaps it will cause distress. The default is that the debt is obligatory upon whom? Upon the deceased.
The questioner : If he undertook it in error, yes.
The Shaykh : Whether in error, or with witnesses, or with the consent of the creditor.
The Shaykh : There is scholarly disagreement on this. The story of Abu Qatadah (may Allah be pleased with him) when he took on the debt of two dinars: the Prophet (peace and blessings be upon him) came forward and prayed over the assembly. They said that his prayer over him indicates that his liability was discharged. However, in some narrations of the hadith, the Messenger asked Abu Qatadah until he said, “Have you paid them?” He said, “Now your skin has cooled over you.” This indicates that the deceased is not fully discharged from them until they are paid. This is because the guarantor may delay, and perhaps it will cause distress. The default is that the debt is obligatory upon whom? Upon the deceased.
The questioner : If he undertook it in error, yes.
The Shaykh : Whether in error, or with witnesses, or with the consent of the creditor.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2793 - توفي شخص عن دين وتعهد آخر بسداده لصاحبه هل تبرأ ذمة الميت بذلك؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
