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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The debtor who owns a house, a farm, and a certificate of insolvency

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Question:
Honorable Shaykh, a man has a debt and owns a house and a farm in which he and his descendants reside. Is he considered insolvent? What is the ruling if two witnesses testify that he is insolvent, while he owns what was mentioned?

Answer:
If all he has is the house for residence, this is a necessity. This is considered as if he has nothing. The house for residence, clothing, maintenance, and the car he rides in or uses to carry things—none of this is considered wealth that outsiders can take. These are necessities he has, and outsiders do not take them. Yes.
So he is considered insolvent, unless this house is large and exceeds his need. If he lives in palaces and green lawns and says this is his residence, no. He should live in what is sufficient for the poor, and whatever exceeds that is sold and paid to his creditors. He says this was not present. Impossible.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، أبواب السلم والقرض والرهن — islamhouse.com (1:18:38)

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

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