Is a debt taken from the estate of a debtor who left behind wealth if he has wealth?
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The questioner : Oh Shaykh, he mentioned that if a person guarantees a debt and then dies, is the money taken from his heirs for the one he guaranteed, or not? Is this a correction of the question? Is it taken from his wealth if he left behind wealth, or not? The debt?
The Shaykh : What are you adding to the first question?
The questioner : The first question.
The Shaykh : What is the addition? Do not repeat the first question. What did you add to it? Will it help me change my answer, or not?
The questioner : What I added to Shaykh Khalid's question is that the debtor has wealth.
The Shaykh : Very well.
The questioner : So, is the debt not taken from the wealth he left behind?
The Shaykh : So, it seems you want to say it is taken from his one-third. Is it permissible for him to bequeath it?
The questioner : No, he did not bequeath it, but...
The Shaykh : how
The questioner : He guaranteed it.
The Shaykh : How can he say no?
The questioner : The jurisprudential rule states that the first thing taken from a person's wealth is for the creditors.
The Shaykh : Yes, for the debt holders. And that is why I said he has the right to the one-third. Here there is no bequest and no debt; rather, here there is a guarantee.
The questioner : A debt guarantee.
The Shaykh : In a guarantee. And I said I want to say it is taken from the one-third which he has the right to dispose of. But if it exceeds more than the one-third, then this is the right of the heirs.
The questioner : And it does not come out...
The Shaykh : Except from the one-third.
The questioner : The one-third.
The Shaykh : Yes, indeed.
The student: Peace be upon you.
The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.
The Shaykh : What are you adding to the first question?
The questioner : The first question.
The Shaykh : What is the addition? Do not repeat the first question. What did you add to it? Will it help me change my answer, or not?
The questioner : What I added to Shaykh Khalid's question is that the debtor has wealth.
The Shaykh : Very well.
The questioner : So, is the debt not taken from the wealth he left behind?
The Shaykh : So, it seems you want to say it is taken from his one-third. Is it permissible for him to bequeath it?
The questioner : No, he did not bequeath it, but...
The Shaykh : how
The questioner : He guaranteed it.
The Shaykh : How can he say no?
The questioner : The jurisprudential rule states that the first thing taken from a person's wealth is for the creditors.
The Shaykh : Yes, for the debt holders. And that is why I said he has the right to the one-third. Here there is no bequest and no debt; rather, here there is a guarantee.
The questioner : A debt guarantee.
The Shaykh : In a guarantee. And I said I want to say it is taken from the one-third which he has the right to dispose of. But if it exceeds more than the one-third, then this is the right of the heirs.
The questioner : And it does not come out...
The Shaykh : Except from the one-third.
The questioner : The one-third.
The Shaykh : Yes, indeed.
The student: Peace be upon you.
The Shaykh : And peace be upon you, and the mercy of Allah and His blessings.