The discharge of the deceased's liability by the buyer assuming the bank loan

The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man passed away, and he had a house with a loan on it from the real estate bank. So his heirs sold the house to a man on the condition that he would assume this loan, and he did so. The question is: Is the deceased’s liability discharged from this debt after this buyer assumed it?

The Shaykh:
As for the issue of selling a house to a person when there is a debt on it to the bank, this goes back to the bank. If the bank is satisfied with this and approves the sale, there is no harm, because the right belongs to them. But as for the deceased’s liability being discharged, no. The deceased’s liability is not discharged unless the debt is paid. It is not discharged by assumption alone. The debt must be paid. The man who assumed the two dinars in the time of the Prophet (peace and blessings be upon him) on behalf of the deceased did not have his skin cool until the two dinars were paid. Yes. So he assumed the two dinars, and the Prophet (peace and blessings be upon him) prayed over him. Then he met him and asked, “What did you do with the two dinars?” He said, “The time has passed.” Then he met him the next day and asked, “What did you do with the two dinars?” He said, “I paid them, or I gave them, O Messenger of Allah.” He said, “Now my skin has cooled over him.” So as long as the debt is not paid, it does not cool, just like the deceased.

The questioner:
Yes, Honorable Shaykh.

The Shaykh:
There is no objection to the assumption; he may assume it, but the deceased’s liability is not discharged except by paying it. Yes.