Does a debtor’s debt become void if the creditor forgives it while dying?
Machine translationRead the Arabic original
The questioner:
The questioner: A man took a loan from his brother, and his brother has died. Before his death, the creditor had forgiven the debtor.
The Shaykh:
Yes, who is asking?
The questioner:
He says: A man took a loan from his brother, and his brother has died. Before his death, the creditor had forgiven the debtor. Does the amount return to the heirs, or is his liability cleared?
The Shaykh:
One must look at the condition of the patient on the day he forgives the debtor or clears the debt: is he in a state of health and sound mind, or is he in a state of a serious illness, specifically the illness of death? If a person is in the state of the illness of death, his voluntary acts, such as giving or forgiving, are not valid, so he should be placed under guardianship. However, if he did this while in good health and full possession of his mind, and there are witnesses who testify to this, then his liability is cleared by that. Yes.
The questioner: A man took a loan from his brother, and his brother has died. Before his death, the creditor had forgiven the debtor.
The Shaykh:
Yes, who is asking?
The questioner:
He says: A man took a loan from his brother, and his brother has died. Before his death, the creditor had forgiven the debtor. Does the amount return to the heirs, or is his liability cleared?
The Shaykh:
One must look at the condition of the patient on the day he forgives the debtor or clears the debt: is he in a state of health and sound mind, or is he in a state of a serious illness, specifically the illness of death? If a person is in the state of the illness of death, his voluntary acts, such as giving or forgiving, are not valid, so he should be placed under guardianship. However, if he did this while in good health and full possession of his mind, and there are witnesses who testify to this, then his liability is cleared by that. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [408- 4717] هل يبرأ المدين إذا حلله الدائن في مرض موته؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
