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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does the deceased’s liability for a debt cease if his sons assume it on his behalf?

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Question:
Yes, we return to the questions of our brother Khalid from Riyadh. His first question says: His father has passed away, and he had a loan from the real estate bank of about one hundred thousand riyals. They are now paying it off on his behalf. Has this debt been cleared from our father’s liability?

Answer:
This is a guarantee from you, a guarantee of the debt. The debt remains in the liability of the one guaranteed, the deceased, until you pay it off on his behalf. Because in the early days of Islam, the Prophet (peace and blessings be upon him) did not pray over a person who died with a debt, but he would order the Companions to pray over him. On one occasion, a deceased man was brought for the Messenger (peace and blessings be upon him) to pray over him. He asked, “Does he have a debt?” They said, “Yes, he has two dinars.” The Prophet (peace and blessings be upon him) held back and said, “Pray over your companion.” A man said, “The dinar is on me, O Messenger of Allah. The dinar, the two dinars are on me, O Messenger of Allah,” meaning he guaranteed them. So the Messenger (peace and blessings be upon him) stepped forward and prayed over him. When the next day came, he met him and said, “What did you do with the two dinars?” He said, “The time has not passed yet, O Messenger of Allah.” When the third day came and he met him, he said, “What did you do with the two dinars?” He said, “I have paid them off, O Messenger of Allah.” So he (peace and blessings be upon him) said, “Now his skin has cooled.” Yes.
And he met him and said, “What did you do with the two dinars?” He said, “The time has not passed yet, O Messenger of Allah.” When the third day came and he met him, he said, “What did you do with the two dinars?” He said, “I have paid them off, O Messenger of Allah.” So he (peace and blessings be upon him) said, “Now his skin has cooled.” Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [3981] هل تبرأ ذمة الميت إذا تحمَّل أبناؤه الدَّين عنه؟ - صالح الفوزان — youtube.com

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

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