If the deceased owed a debt to the Real Estate Development Fund, it is to be paid before the bequest is executed, unless one of the sons assumes it
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Fatwa No. ( 13052 )
Q1: My father borrowed from the Real Estate Development Fund to build a modest house. He passed away without repaying the loan. Does this debt remain in the liability of my deceased father until it is paid or his liability is cleared by his death? Q2: If my father’s liability was cleared of this loan by his death, does this loan transfer from the liability of the deceased to the liability of his heirs? Q3: The installments after my father’s death accumulated until they reached 22,000 riyals, and they have not been paid by his heirs to this day. The state has not exempted the heirs from paying the installments, knowing that
the state is demanding that I, as one of the heirs, pay the overdue installments. I have an older brother who has not joined me in paying, and the rest are minors. I ask for a complete answer to the first, second, and third questions, then to provide the appropriate solution regarding this, and what can be done regarding this loan and the heirs in detail. May Allah reward you with the best reward.
A: If the matter is as described, the debt is to be paid from the estate, or the loan is to be transferred to the name of a suitable heir. This heir takes from the estate in exchange for what he pays. If he is not willing, it is to be paid from the estate, even by selling the house that was built with the bank’s money, which is mortgaged to it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: My father borrowed from the Real Estate Development Fund to build a modest house. He passed away without repaying the loan. Does this debt remain in the liability of my deceased father until it is paid or his liability is cleared by his death? Q2: If my father’s liability was cleared of this loan by his death, does this loan transfer from the liability of the deceased to the liability of his heirs? Q3: The installments after my father’s death accumulated until they reached 22,000 riyals, and they have not been paid by his heirs to this day. The state has not exempted the heirs from paying the installments, knowing that
the state is demanding that I, as one of the heirs, pay the overdue installments. I have an older brother who has not joined me in paying, and the rest are minors. I ask for a complete answer to the first, second, and third questions, then to provide the appropriate solution regarding this, and what can be done regarding this loan and the heirs in detail. May Allah reward you with the best reward.
A: If the matter is as described, the debt is to be paid from the estate, or the loan is to be transferred to the name of a suitable heir. This heir takes from the estate in exchange for what he pays. If he is not willing, it is to be paid from the estate, even by selling the house that was built with the bank’s money, which is mortgaged to it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.