Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The acknowledgment by the one under interdiction of another’s right and the persistence of the debt in his liability

Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, regarding the admission of a person under financial restriction to a right belonging to another, does his liability remain established? The admission of a person under financial restriction to a right belonging to another.

The Shaykh:
If his admission is valid, provided he is of sound mind but was restricted only due to bankruptcy, then his admission is accepted and it becomes a liability on him. If he was restricted due to bankruptcy and he is not of sound mind, but his wealth is insufficient to cover the debts upon him, he is restricted in order to pay off the creditors' rights. In this case, he is a sane and prudent person, so his admission is valid and it becomes a liability on him.

The questioner:
He says: Regarding the admission of a person under financial restriction to a right belonging to another, does his liability remain outstanding to the other party after his death? And how is his liability cleared before Allah, even though he possesses wealth, but he cannot dispose of it due to the restriction?

The Shaykh:
My brother, wealth is the means to settle a debt. If he has a lot of wealth, he pays off the debts and has more than what he can afford; he is not bankrupt. This discussion is about the bankrupt person whose wealth is less than his debts; that is the one who can only pay what he is able to. As for the one who has a lot of wealth and only small debts that he cannot afford, that is not the case. Yes.

The questioner:
It will be the virtue of the sun.

The Shaykh:
What did the interdiction do to you in the first place? Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 122 من 123 / شرح كتاب زاد المستقنع / الإقرار / صالح الفوزان / الفقه / كبار العلماء — youtube.com (26:50)

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

Flag this fatwa