My father passed away and he had a sum of money as a debt. My brother said, “The debt is on my guarantee.” Does the debt fall off my father?
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Question:
May Allah reward you with good, and may He do you good. A message from the listener Abu Sulayman from al-Ta’if. He asks and says: My father passed away and he had a sum of money as a debt. My eldest brother said after his burial, “I bear witness, O people, that my father’s debt is on my guarantee, and I will pay it off, if Allah wills.” Knowing that his financial situation is difficult, he was not able to pay it off except for half the amount. Please inform us, may Allah reward you with good. Is there a sin on my father? Will he be punished in his grave? Did the debt transfer from my father’s guarantee to my brother’s guarantee? May Allah reward you with good, and benefit us with your knowledge.
Answer:
Your brother did well in taking on this debt from his father and committing to pay it off. However, the debt remains on the deceased’s guarantee until it is paid off on his behalf. This is based on the saying of the Prophet (peace and blessings be upon him) when one of the Companions took on a debt from a deceased person, and the Prophet (peace and blessings be upon him) prayed over him. Then, after two days, the Prophet (peace and blessings be upon him) asked this person who had taken on the debt, “Have you paid this debt?” He said, “I have not paid it yet, because I thought the period was short.” Then the Prophet (peace and blessings be upon him) met him afterwards and asked him about this debt. He said, “I have paid it off, O Messenger of Allah.” He (peace and blessings be upon him) said:
This indicates that the deceased is occupied with his debt, and even if some of the living take it on from him, he remains occupied with it until it is paid off on his behalf. Merely taking it on does not clear the debt from his guarantee. And the Prophet (peace and blessings be upon him) said:Jami` at-Tirmidhi 1078Hasan (Darussalam) Yes.
May Allah reward you with good, and may He do you good. A message from the listener Abu Sulayman from al-Ta’if. He asks and says: My father passed away and he had a sum of money as a debt. My eldest brother said after his burial, “I bear witness, O people, that my father’s debt is on my guarantee, and I will pay it off, if Allah wills.” Knowing that his financial situation is difficult, he was not able to pay it off except for half the amount. Please inform us, may Allah reward you with good. Is there a sin on my father? Will he be punished in his grave? Did the debt transfer from my father’s guarantee to my brother’s guarantee? May Allah reward you with good, and benefit us with your knowledge.
Answer:
Your brother did well in taking on this debt from his father and committing to pay it off. However, the debt remains on the deceased’s guarantee until it is paid off on his behalf. This is based on the saying of the Prophet (peace and blessings be upon him) when one of the Companions took on a debt from a deceased person, and the Prophet (peace and blessings be upon him) prayed over him. Then, after two days, the Prophet (peace and blessings be upon him) asked this person who had taken on the debt, “Have you paid this debt?” He said, “I have not paid it yet, because I thought the period was short.” Then the Prophet (peace and blessings be upon him) met him afterwards and asked him about this debt. He said, “I have paid it off, O Messenger of Allah.” He (peace and blessings be upon him) said:
Now his skin has cooled down.
الآن بردت عليه جلدته.This indicates that the deceased is occupied with his debt, and even if some of the living take it on from him, he remains occupied with it until it is paid off on his behalf. Merely taking it on does not clear the debt from his guarantee. And the Prophet (peace and blessings be upon him) said:
The believer's soul is suspended by his debt until it is settled for him.
نفس المؤمن معلقة بدينه حتى يقضى عنه.
Source
قناة «العلامة الدكتور صالح الفوزان»، توفي والدي وعليه مبلغ من المال دين، فقال أخي الدين في ذمتي، فهل يسقط الدين عن أبي؟ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
