Selling a house on the condition that the buyer pays off the real estate bank
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh. A questioner says: I sold a house for fifty thousand riyals, on the condition that the buyer pays off the real estate bank, and whatever remains is a debt in my account with the bank. I note that the real estate bank’s regulations permit this. So, is my debt cleared, whether I am alive or dead, if the buyer pays it off or if he does not?
The Shaykh:
He says: Is the debt remaining in his liability to the bank, as he conditioned upon the buyer, or not? That is in the question.
The questioner:
He says: I sold a house for fifty thousand riyals, on the condition that the buyer pays fifty thousand.
The Shaykh:
Yes.
The questioner:
On the condition that the buyer pays off the real estate bank for what remains in his liability to the bank, knowing that the bank’s regulations permit this?
The Shaykh:
This is a guarantee. This is considered a guarantee for the bank that the buyer will pay it. However, the liability of the one guaranteed does not become clear until it is paid. This is a type of guarantee. So the buyer guaranteed to the bank that he will pay it, and the debt is in the liability of the borrower. Therefore, the liability of the borrower does not become clear until the debt is paid on his behalf.
The presenter:
May Allah reward you
Honorable Shaykh. A questioner says: I sold a house for fifty thousand riyals, on the condition that the buyer pays off the real estate bank, and whatever remains is a debt in my account with the bank. I note that the real estate bank’s regulations permit this. So, is my debt cleared, whether I am alive or dead, if the buyer pays it off or if he does not?
The Shaykh:
He says: Is the debt remaining in his liability to the bank, as he conditioned upon the buyer, or not? That is in the question.
The questioner:
He says: I sold a house for fifty thousand riyals, on the condition that the buyer pays fifty thousand.
The Shaykh:
Yes.
The questioner:
On the condition that the buyer pays off the real estate bank for what remains in his liability to the bank, knowing that the bank’s regulations permit this?
The Shaykh:
This is a guarantee. This is considered a guarantee for the bank that the buyer will pay it. However, the liability of the one guaranteed does not become clear until it is paid. This is a type of guarantee. So the buyer guaranteed to the bank that he will pay it, and the debt is in the liability of the borrower. Therefore, the liability of the borrower does not become clear until the debt is paid on his behalf.
The presenter:
May Allah reward you
Source
قناة «العلامة الدكتور صالح الفوزان»، 30/16 شرح العقيدة السفارينية / صالح الفوزان — youtube.com (28:45)
The Arabic text is a machine transcription of the audio recording.