The ruling on the debt of the real estate bank owed by the deceased
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Question:
The questioner says: A person passed away with installments owed to the Real Estate Development Fund. Are his heirs required to pay, and is the deceased’s liability limited to the debt that is currently due, or does it include the entire remaining loan and installments, even if their payment is not yet due? Does it remain in the deceased’s liability?
Answer:
The debt owed to the real estate bank by the deceased is a debt like any other debt. It is obligatory to pay it from the deceased’s estate. It is paid from the deceased’s estate, if he has an estate. Allah, Mighty and Majestic, when He mentioned inheritance, said:[An-Nisa 4:11] Whether the debt is owed to the state or to individuals, it is a debt in his liability and is paid from his estate. Generally, the debts of the real estate bank are secured by the property for which the loan was taken. So there is a pledge in it. As long as there is a pledge, it is paid from the pledge. The house is sold and the pledge is paid.
The pledge is paid. The deferred debt becomes due when the deceased dies, unless his heirs secure it with a pledge or a solvent guarantor. In that case, it remains deferred. But if they do not secure it with a pledge or a guarantor, the debt becomes due. It is paid on behalf of the deceased, because the soul of the believer is suspended by his debt until it is paid off, and the believer is pledged by his debt until it is paid off. So the matter of debt is very serious. One should not be lenient with debts, and [there is] authority regarding the debt of the deceased. Yes.
The questioner says: A person passed away with installments owed to the Real Estate Development Fund. Are his heirs required to pay, and is the deceased’s liability limited to the debt that is currently due, or does it include the entire remaining loan and installments, even if their payment is not yet due? Does it remain in the deceased’s liability?
Answer:
The debt owed to the real estate bank by the deceased is a debt like any other debt. It is obligatory to pay it from the deceased’s estate. It is paid from the deceased’s estate, if he has an estate. Allah, Mighty and Majestic, when He mentioned inheritance, said:
after any bequest he [may have] made or debt
مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍThe pledge is paid. The deferred debt becomes due when the deceased dies, unless his heirs secure it with a pledge or a solvent guarantor. In that case, it remains deferred. But if they do not secure it with a pledge or a guarantor, the debt becomes due. It is paid on behalf of the deceased, because the soul of the believer is suspended by his debt until it is paid off, and the believer is pledged by his debt until it is paid off. So the matter of debt is very serious. One should not be lenient with debts, and [there is] authority regarding the debt of the deceased. Yes.
Source
من توفي وعليه دين مؤجل — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
