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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Bank mortgage loans and the debt of the deceased

Machine translationRead the Arabic original
Question:
Is a loan from the real estate bank considered a debt? And if the soul of the deceased is suspended in his debt, what is the solution for one who dies with a debt to the bank?

Answer:
It is considered a debt. The loans on a real estate property are debts like any other debts. If the borrower dies, his heirs take his place. If they adhere to the terms and installments, there is no harm and it does not affect him, because immediate payment was not required of him; it does not harm the deceased. Likewise, other deferred debts in his estate do not harm him if the heirs adhere to the right and the debts remain on their terms, whether with the bank or otherwise. However, if they do not adhere to the terms, the debt is paid off quickly; it is paid from the estate immediately and is not deferred. But if the guarantors adhere and say, “We will take your place,” and the bank is satisfied with that or accepts a guarantee, then the debts remain on their terms, and the heirs have no right to accelerate them except with his consent. The deceased is not harmed by this because he is not bound by a debt that is due, which requires immediate payment. As for a deferred debt, it does not require payment except at its time. Yes, yes.
Source ندوات الجامع الكبير مع الأسئلة - 44 — archive.org (1:12:48)

The Arabic text is a machine transcription of the audio recording.

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