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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If one dies while intending to pay off a debt, is it waived from him, and what is the period within which a certificate of insolvency may be issued?

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Question:
Please, my brother Abu Majd from Riyadh. May Allah keep you in good health, Shaykh. May Allah keep you in good health. I have two questions, may Allah prolong your life. For example, if I am a prisoner and imprisoned for a debt, and I die while in prison on the condition that I will be released as insolvent, does the debt fall away if I die, God forbid? What is the period within which I can issue a certificate of insolvency? Thank you, Shaykh.

Answer:
As for if you die and have not paid the debt, it remains in your liability until it is paid on your behalf from your estate, if you have an estate, or until one of your relatives or one of the Muslims takes it on and pays it, and by that your liability is cleared. As long as the debt has not been paid, the soul of the believer is suspended by his debt, as the Prophet (peace and blessings be upon him) said. This is what necessitates taking debts seriously, not being lax in paying them, and hastening to pay debts whenever possible. As for the issue of when a certificate of insolvency is issued, that is with the courts; you should consult the courts. I do not know about this. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، من مات وهو ينوي قضاء الدين، هل يسقط عنه، وما هي المدة التي يجوز فيها إخراج صك الإعسار؟ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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