Discharge of the deceased's liability by transferring the loan and selling the house
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. Another question. This questioner says: My father (may Allah have mercy on him) passed away with a loan from the Real Estate Development Fund. After his death, we hastened to sell the house on which the loan was secured, out of our desire to clear our father's liability. The sale was completed; the buyer paid two installments, and then the loan was transferred to his name, as was the ownership of the house. The question is: Is my father's liability cleared by this method?
Answer:
No, a debt does not transfer from the deceased's liability except by repayment. Even if someone assumes it, the deceased's liability is not cleared except by repayment, not merely by assumption. The evidence for this is that Abu Qatadah (may Allah be pleased with him) assumed two dinars on behalf of a deceased man so that the Messenger (peace and blessings be upon him) would pray over him. So he prayed over him. When he met him later, he said Yes, so the deceased's liability is not cleared except by repaying the debt, not merely by assumption.
As for the issue of selling the house, this is within the authority of the fund, which is the creditor. If they permit you to sell, there is no harm. If they have not given you permission, you may not sell it except with the permission of the creditor fund. Yes.
He says: Honorable Shaykh, may Allah grant you success. Another question. This questioner says: My father (may Allah have mercy on him) passed away with a loan from the Real Estate Development Fund. After his death, we hastened to sell the house on which the loan was secured, out of our desire to clear our father's liability. The sale was completed; the buyer paid two installments, and then the loan was transferred to his name, as was the ownership of the house. The question is: Is my father's liability cleared by this method?
Answer:
No, a debt does not transfer from the deceased's liability except by repayment. Even if someone assumes it, the deceased's liability is not cleared except by repayment, not merely by assumption. The evidence for this is that Abu Qatadah (may Allah be pleased with him) assumed two dinars on behalf of a deceased man so that the Messenger (peace and blessings be upon him) would pray over him. So he prayed over him. When he met him later, he said
What did you do with the dinar? He said: A very short time has passed, O Messenger of Allah! Then he met him the second time, and he said: What did you do with the dinar? He said: I have paid it off, O Messenger of Allah! He said: Now your skin has cooled over you.
ما فعلت الدينار؟ قال ما مضى إلا وقت يسير يا رسول الله! ثم لقيه المرة الثانية، قال ما فعلت الدينار؟ قال قضيتها يا رسول الله! قال الآن بردت عليه جلدتك.As for the issue of selling the house, this is within the authority of the fund, which is the creditor. If they permit you to sell, there is no harm. If they have not given you permission, you may not sell it except with the permission of the creditor fund. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 091-كتاب الجنايات - ديات النفس — archive.org (35:49)
The Arabic text is a machine transcription of the audio recording.
