The ruling on paying off the debt of a deceased person from his partnership or by installments
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Question:
The Shaykh said: My brother, I will pay him in installments, and I recorded the installment payments between myself and myself. Does this require obtaining the consent of the partner, and what is not required of me to enter into?
Answer:
If a person dies and has a debt, and he has a partnership, it is obligatory to pay off the debt from his partnership, taking precedence over the bequest and taking precedence over the inheritance. The debt is started with first and is paid off from the partnership. If anything remains after the debt, it is for all the heirs. If nothing remains, the heirs have no right to it. This is based on the saying of Allah the Exalted:[An-Nisa 4:12]. The Prophet (peace and blessings be upon him) started with the debt and gave it precedence over the bequest. And based on his saying (peace and blessings be upon him): "The soul of the believer is suspended by his debt until it is paid off for him." Its matter is great, even for the martyr in the cause of Allah. If he is killed as a martyr in the cause of Allah in battle, if he is killed in battle to raise the word of Allah, this is a martyr for whom everything is forgiven except the debt. The debt is not forgiven unless its owner permits it, because it is a right of a created being, and it does not drop except by the permission of its owner. So the debt is a great matter. If the deceased has a partnership, it is paid off from his partnership. If he does not have a partnership and one of his relatives volunteers to pay it off, that is good, and it carries a great reward, and it is a great benefit for the deceased and a clearing of his record. When a funeral was brought to the Prophet (peace and blessings be upon him) to pray over it, he asked: "Does he have a debt?" They said: "Yes, he has two dinars." The Prophet (peace and blessings be upon him) delayed praying over him until one of the Companions said: "The two dinars are on me, O Messenger of Allah." Then the Prophet (peace and blessings be upon him) came forward and prayed over him when one of the Companions took it upon himself from him. If one takes it upon himself...
...if one takes upon himself the debt of the deceased and he did not have a partnership, it is permissible for one of his relatives or his Muslim brothers, even if they are not relatives, to do so. This is according to what he and the creditor agree upon. If the creditor agrees to delay it to periods, there is no harm. If he demands it all at once, it is paid off all at once. This is returned to the creditor; it is his right. Yes. My dear. Yes, there is no harm if the creditor agrees to installments, there is no harm. The consent of the creditor for installments is necessary. If he agrees to installments, there is no harm. Is he not stubborn? This is a volunteer, a volunteer from... between the middle, the deferred becomes due upon death. If the deceased had a deferred debt and he died, it becomes due upon death. Yes.
The Shaykh said: My brother, I will pay him in installments, and I recorded the installment payments between myself and myself. Does this require obtaining the consent of the partner, and what is not required of me to enter into?
Answer:
If a person dies and has a debt, and he has a partnership, it is obligatory to pay off the debt from his partnership, taking precedence over the bequest and taking precedence over the inheritance. The debt is started with first and is paid off from the partnership. If anything remains after the debt, it is for all the heirs. If nothing remains, the heirs have no right to it. This is based on the saying of Allah the Exalted:
after any bequest you [may have] made or debt
مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ...if one takes upon himself the debt of the deceased and he did not have a partnership, it is permissible for one of his relatives or his Muslim brothers, even if they are not relatives, to do so. This is according to what he and the creditor agree upon. If the creditor agrees to delay it to periods, there is no harm. If he demands it all at once, it is paid off all at once. This is returned to the creditor; it is his right. Yes. My dear. Yes, there is no harm if the creditor agrees to installments, there is no harm. The consent of the creditor for installments is necessary. If he agrees to installments, there is no harm. Is he not stubborn? This is a volunteer, a volunteer from... between the middle, the deferred becomes due upon death. If the deceased had a deferred debt and he died, it becomes due upon death. Yes.
Source
من التزم بسداد دين من مات وعليه دين مقسط — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
