A man bought a car from a company on installment, agreeing to pay the remaining amounts during his lifetime. When the man died, how is his debt to be settled?
Machine translationRead the Arabic original
The questioner : One man bought a car from a company; the company, of course, is on installment. My question is not about the installment. This man was taken by Allah (Blessed and Exalted is He), so he has debts he holds... He agreed with them, he and the company. There are people ready to pay off the debt as agreed, meaning this debt is upon him, the deceased, in the state that if he dies, the debt is paid to the company in full, or as agreed between the company...?
Another questioner : Carrying the installments for months for a period.
The Shaykh : I mean, in your question, are there two forms of payment or one form?
The questioner : It is...
The Shaykh : Give me the answer to my question so I can understand you well. In your speech, in your question, are there two forms of payment for the deceased or one form?
Another questioner : It appears to be so.
The questioner : The two forms.
Another questioner : He pays once or he pays...
The Shaykh : Because I truly did not understand the question from him.
Another questioner : I mean, what is the basic condition?
The questioner : What we want to know from the question is that the man took the car from the company on installment.
The Shaykh : On installment, yes.
The questioner : Apart from the installment that he bears while he is alive, Allah (Blessed and Exalted is He) took this man.
The Shaykh : Yes, what did he bear?
The questioner : Yes?
The Shaykh : What did he bear?
The questioner : I mean, he paid a portion, meaning the installment that he and the company deal with through the banks... So this question is not...
The Shaykh : Okay; I mean, he paid an installment, for example?
The questioner : Ah, he paid.
The Shaykh : Okay; he has, for example, ten installments remaining.
The questioner : ... .
The Shaykh: All right.
The questioner : When this man died... Abu Abd al-Rahman, or are there people obligated, as was agreed between the company and the man, or does he pay in full until...
The Shaykh : Is it possible to pay, meaning in cash?
The questioner : ... A person cannot, but there is a possibility...
The Shaykh : That is why I asked how many forms there are, because his speech appears to have two forms. When I direct the question, there is no one who pays in cash.
The questioner : ... If he wants to be free of his debt, he sells the car and pays the debt.
The Shaykh : In any case, if one believes, like me, that the increase for installment is riba (usury or interest), then the previous discussion applies that it is not permissible to cooperate in riba (usury or interest). In this case, if it is not possible to pay the company the price of the car in cash, not this installment, that is the obligatory thing. But you said there is no one who pays, is that not so?
The questioner : There is someone who pays as agreed.
The Shaykh : That is it, we are talking about cash now.
The questioner: Yes.
The Shaykh : There is no one who pays, okay; so in that case, what is the solution? Where does the question come in now? Does it mean, for example, that there is one person who pays on installment voluntarily, paying off the debt for the deceased, and does not pay in cash? Is that the meaning of the question?
The questioner : No, it is not that the car is working, it has become a taxi, from its work he gives it to the bank or the company.
Another questioner : The payment is realized.
The Shaykh : And who is working in it?
The questioner : This is one person who asked us, we told him: We will ask the Shaykh for you, and take the answer from him.
The Shaykh : In any case, the answer, my brother, as you heard: it is not permissible to cooperate in what is wrong, so one must try to free the car by paying its price in cash.
The questioner : It is, from the aspect of the riba (usury or interest) transaction, and it is not riba... And from the second aspect... this is considered a debt.
Another questioner : In any case...
The Shaykh : It is considered a debt, but there is a debt that is obligatory to fulfill, which is the cash, whereas this installment does not have to be fulfilled; meaning this forbidden thing does not remain in the liability of the deceased.
The questioner : He must pay them.
The Shaykh: Yes.
Another questioner : Carrying the installments for months for a period.
The Shaykh : I mean, in your question, are there two forms of payment or one form?
The questioner : It is...
The Shaykh : Give me the answer to my question so I can understand you well. In your speech, in your question, are there two forms of payment for the deceased or one form?
Another questioner : It appears to be so.
The questioner : The two forms.
Another questioner : He pays once or he pays...
The Shaykh : Because I truly did not understand the question from him.
Another questioner : I mean, what is the basic condition?
The questioner : What we want to know from the question is that the man took the car from the company on installment.
The Shaykh : On installment, yes.
The questioner : Apart from the installment that he bears while he is alive, Allah (Blessed and Exalted is He) took this man.
The Shaykh : Yes, what did he bear?
The questioner : Yes?
The Shaykh : What did he bear?
The questioner : I mean, he paid a portion, meaning the installment that he and the company deal with through the banks... So this question is not...
The Shaykh : Okay; I mean, he paid an installment, for example?
The questioner : Ah, he paid.
The Shaykh : Okay; he has, for example, ten installments remaining.
The questioner : ... .
The Shaykh: All right.
The questioner : When this man died... Abu Abd al-Rahman, or are there people obligated, as was agreed between the company and the man, or does he pay in full until...
The Shaykh : Is it possible to pay, meaning in cash?
The questioner : ... A person cannot, but there is a possibility...
The Shaykh : That is why I asked how many forms there are, because his speech appears to have two forms. When I direct the question, there is no one who pays in cash.
The questioner : ... If he wants to be free of his debt, he sells the car and pays the debt.
The Shaykh : In any case, if one believes, like me, that the increase for installment is riba (usury or interest), then the previous discussion applies that it is not permissible to cooperate in riba (usury or interest). In this case, if it is not possible to pay the company the price of the car in cash, not this installment, that is the obligatory thing. But you said there is no one who pays, is that not so?
The questioner : There is someone who pays as agreed.
The Shaykh : That is it, we are talking about cash now.
The questioner: Yes.
The Shaykh : There is no one who pays, okay; so in that case, what is the solution? Where does the question come in now? Does it mean, for example, that there is one person who pays on installment voluntarily, paying off the debt for the deceased, and does not pay in cash? Is that the meaning of the question?
The questioner : No, it is not that the car is working, it has become a taxi, from its work he gives it to the bank or the company.
Another questioner : The payment is realized.
The Shaykh : And who is working in it?
The questioner : This is one person who asked us, we told him: We will ask the Shaykh for you, and take the answer from him.
The Shaykh : In any case, the answer, my brother, as you heard: it is not permissible to cooperate in what is wrong, so one must try to free the car by paying its price in cash.
The questioner : It is, from the aspect of the riba (usury or interest) transaction, and it is not riba... And from the second aspect... this is considered a debt.
Another questioner : In any case...
The Shaykh : It is considered a debt, but there is a debt that is obligatory to fulfill, which is the cash, whereas this installment does not have to be fulfilled; meaning this forbidden thing does not remain in the liability of the deceased.
The questioner : He must pay them.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.