How to settle the debt of one who died with deferred debts
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Your Eminence! There is a man who passed away and he had deferred debts. Are these deferred debts to be divided from the estate before inheritance, or do they remain in his liability until they are paid according to the annual installments?
In any case: If the debt is deferred, then when the deceased dies, the debt becomes due and the deferral is cancelled, unless the heirs provide a secured pledge that is sufficient or a solvent guarantor.
For example: If he died with a debt to the real estate bank on the house in which he was living,So we say: If there were installments that became due on him before he died and he did not pay them, it is obligatory for the heirs to pay them immediately, or to sell the house and pay them. And if he had paid the installments that became due during his life, and the remaining installments are those that become due later, the deceased is free from that, and the debts are attached to the house pledged to the bank. Is this clear?The questioner: And are the heirs allowed to pay the debts according to the annual installments, for example?The Shaykh: There is no harm in this; because there is a pledge; but suppose a person borrowed one hundred thousand—for example—or bought a car from him for fifty thousand deferred,So here we say to the heirs: Either you bring a pledge, or the money becomes due, or you bring a guarantor who guarantees, and he is a wealthy solvent person.
The questioner: So regarding the debts that were on him and became due, they are in his liability; but how is the remaining amount to be paid?I told you: The remaining amount cannot remain in the first place,Let us suppose: The issue of the real estate, you now know its ruling,As for other than real estate, for example: A person bought a car from someone for fifty thousand deferred, two thousand riyals every month, did you understand? And he paid what became due before he died. When he died, we estimated the remainder at thirty thousand out of the fifty,We say to the heirs: Either you pay it now from his estate, or you bring a pledge for the one who sold the car, you bring a pledge that is sufficient for him,Meaning: worth thirty thousand or more, or you bring a person to be a guarantor with a guarantee of liability; in order to secure the seller's right. As for it remaining—like this—deferred in the liability of people who we do not know when they will pay it, this is not possible.
In any case: If the debt is deferred, then when the deceased dies, the debt becomes due and the deferral is cancelled, unless the heirs provide a secured pledge that is sufficient or a solvent guarantor.
For example: If he died with a debt to the real estate bank on the house in which he was living,So we say: If there were installments that became due on him before he died and he did not pay them, it is obligatory for the heirs to pay them immediately, or to sell the house and pay them. And if he had paid the installments that became due during his life, and the remaining installments are those that become due later, the deceased is free from that, and the debts are attached to the house pledged to the bank. Is this clear?The questioner: And are the heirs allowed to pay the debts according to the annual installments, for example?The Shaykh: There is no harm in this; because there is a pledge; but suppose a person borrowed one hundred thousand—for example—or bought a car from him for fifty thousand deferred,So here we say to the heirs: Either you bring a pledge, or the money becomes due, or you bring a guarantor who guarantees, and he is a wealthy solvent person.
The questioner: So regarding the debts that were on him and became due, they are in his liability; but how is the remaining amount to be paid?I told you: The remaining amount cannot remain in the first place,Let us suppose: The issue of the real estate, you now know its ruling,As for other than real estate, for example: A person bought a car from someone for fifty thousand deferred, two thousand riyals every month, did you understand? And he paid what became due before he died. When he died, we estimated the remainder at thirty thousand out of the fifty,We say to the heirs: Either you pay it now from his estate, or you bring a pledge for the one who sold the car, you bring a pledge that is sufficient for him,Meaning: worth thirty thousand or more, or you bring a person to be a guarantor with a guarantee of liability; in order to secure the seller's right. As for it remaining—like this—deferred in the liability of people who we do not know when they will pay it, this is not possible.