The ruling on one who owns a house and a farm in the matter of insolvency
Machine translationRead the Arabic original
Question:
Honorable Shaykh, a man has a debt and owns a house and a farm in which he and his offspring reside. Is he considered insolvent? And what is the ruling if two witnesses testify that he is insolvent, while he owns what was mentioned?
Answer:
If all he has is the house for residence, this is a necessity, one of the essential needs. This is considered as if he has nothing: the house for residence, the clothing, the maintenance, and the car he rides in and uses to carry things. All of this is not considered among the wealth that strangers take. These are necessities, and strangers do not take them, so he is considered insolvent. Unless this house is large and exceeds his need. No, the one who has an impact should reside in the least amount that allows him to live, and not reside in palaces. He does not reside in palaces and green lawns and such, and say, "This is my residence." No, he resides in what befits the poor, and whatever exceeds that is sold and paid to the creditors. Yes. A luxurious car worth seven hundred thousand, or he says, "I need this." He tells you, "I ride in it, and it is not a Caples or anything small, meaning, or one of the affordable cars that befits the poor?" Yes.
Honorable Shaykh, a man has a debt and owns a house and a farm in which he and his offspring reside. Is he considered insolvent? And what is the ruling if two witnesses testify that he is insolvent, while he owns what was mentioned?
Answer:
If all he has is the house for residence, this is a necessity, one of the essential needs. This is considered as if he has nothing: the house for residence, the clothing, the maintenance, and the car he rides in and uses to carry things. All of this is not considered among the wealth that strangers take. These are necessities, and strangers do not take them, so he is considered insolvent. Unless this house is large and exceeds his need. No, the one who has an impact should reside in the least amount that allows him to live, and not reside in palaces. He does not reside in palaces and green lawns and such, and say, "This is my residence." No, he resides in what befits the poor, and whatever exceeds that is sold and paid to the creditors. Yes. A luxurious car worth seven hundred thousand, or he says, "I need this." He tells you, "I ride in it, and it is not a Caples or anything small, meaning, or one of the affordable cars that befits the poor?" Yes.
Source
الحكم بالإفلاس على شخص لا يملك إلا منزلا — alfawzan.live
The Arabic text is a machine transcription of the audio recording.