The Benefit of Guaranteeing and Underwriting the Debt of a Deceased Person
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the benefit of guaranteeing and underwriting the debt of a deceased person if his liability is not discharged, and the Messenger of Allah (peace and blessings be upon him) said, “Now his skin has returned to him”?
Answer:
Its benefit is to relieve the burden on the estate. If you pay it, you are free; if you do not pay it, you are free, but the debt remains on him. This is the same case as with a living person. If one person guarantees a debt for a living person, the guarantor’s liability is not discharged until the debt is paid. The liability of the one for whom the guarantee was given is not discharged until the debt is paid, either by the debtor or by the guarantor. As long as the debt remains, the liability of the one for whom the guarantee was given is occupied by the debt until it is paid on his behalf.
Honorable Shaykh, what is the benefit of guaranteeing and underwriting the debt of a deceased person if his liability is not discharged, and the Messenger of Allah (peace and blessings be upon him) said, “Now his skin has returned to him”?
Answer:
Its benefit is to relieve the burden on the estate. If you pay it, you are free; if you do not pay it, you are free, but the debt remains on him. This is the same case as with a living person. If one person guarantees a debt for a living person, the guarantor’s liability is not discharged until the debt is paid. The liability of the one for whom the guarantee was given is not discharged until the debt is paid, either by the debtor or by the guarantor. As long as the debt remains, the liability of the one for whom the guarantee was given is occupied by the debt until it is paid on his behalf.
Source
فائدة الكفالة والضمان على الميت — alfawzan.live
The Arabic text is a machine transcription of the audio recording.