If a person guarantees a debt and then dies, is the debt taken from his estate, or not?
Machine translationRead the Arabic original
The questioner : The questioner says: If a person guarantees a debt and then dies, is the debt taken from his estate, or not? ... The question is: Is the debt taken from his estate if he left behind money, or not?
The Shaykh : What are you adding to the first question?
The questioner : The first question.
The Shaykh : What is the addition? Why are you repeating the first question? What did you add to it? And the example...
The questioner : What you added to the question is that the creditor has money.
The Shaykh: All right.
The questioner : So, is the debt not taken from the money he left behind?
The Shaykh : So, it seems you want to say: Is it taken from his money, which he is permitted to bequeath?
The questioner : No, not what he bequeathed, but... he guaranteed it.
The Shaykh : ... .
The questioner : Is there a jurisprudential rule that says: The money... the primary source from which it is taken...?
The Shaykh : ... Therefore, I said that he has the right to one-third, where there is no bequest and no debt, but rather it is a guarantee.
The questioner : ... One-third.
The Shaykh : In the case of a guarantee, I wanted to say: It is taken from the one-third over which he has the right of disposal, but if it exceeds one-third, then it is the right of the heirs.
The questioner : And it does not exceed?
The Shaykh : Except from the one-third.
The Shaykh : What are you adding to the first question?
The questioner : The first question.
The Shaykh : What is the addition? Why are you repeating the first question? What did you add to it? And the example...
The questioner : What you added to the question is that the creditor has money.
The Shaykh: All right.
The questioner : So, is the debt not taken from the money he left behind?
The Shaykh : So, it seems you want to say: Is it taken from his money, which he is permitted to bequeath?
The questioner : No, not what he bequeathed, but... he guaranteed it.
The Shaykh : ... .
The questioner : Is there a jurisprudential rule that says: The money... the primary source from which it is taken...?
The Shaykh : ... Therefore, I said that he has the right to one-third, where there is no bequest and no debt, but rather it is a guarantee.
The questioner : ... One-third.
The Shaykh : In the case of a guarantee, I wanted to say: It is taken from the one-third over which he has the right of disposal, but if it exceeds one-third, then it is the right of the heirs.
The questioner : And it does not exceed?
The Shaykh : Except from the one-third.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.