A man guaranteed another for an agricultural loan, and after a while the guaranteed party refused to pay, so the guarantor was demanded to pay and he paid some of the installments, then he died in that state
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The questioner : A man guaranteed another for an agricultural loan, and after a while the guaranteed party refused to pay, so the guarantor was demanded to pay and he paid some of the installments, then he died in that state, and the guaranteed party is still refusing and the system obligates his guarantor, so is it obligatory for his heirs to pay these installments? And does it come out of his inheritance? Give us a ruling, may Allah reward you with good.
The Shaykh : As for the well-known position of the school of Imam Ahmad (may Allah have mercy on him), the guarantor or the one who guarantees with a financial guarantee is like the principal debtor, meaning: if the guaranteed party pays, the objective is achieved, and if he does not pay, the guarantor is demanded the debt in his lifetime and after his death. Based on this, if the guarantor has an estate and he dies, the debt is paid from his estate, and the heirs demand from the guaranteed party what they paid from the deceased's estate. And I said this so that people do not rush into guaranteeing, because some people rush into guaranteeing and you find him guaranteeing a person whom he does not know, or whether he is trustworthy or not, and whether he will delay payment or not. And you, my brother, are in a state of well-being, do not guarantee him except for an extreme necessity that requires the guarantee. As for merely guaranteeing him for a debt that he takes and enjoys without any need for it, this is not of wisdom at all, and it is not of prudence at all, so be careful of this issue. And how many questions come to us regarding this topic where the guarantor has guaranteed with a financial guarantee, and then the guaranteed party does not care about the debt and delays, thereby harming the guarantor. We said previously that the guarantor is demanded like the demand of the principal debtor, meaning: he is paid from his estate if he leaves an estate, and his payment is prioritized over his bequest as well. Meaning: if we suppose that a man guaranteed a person for ten thousand and he died, and he bequeathed one-third, and nothing was found in his estate except ten thousand, what do we do? We pay the ten thousand to the creditor and we invalidate the bequest, and we invalidate the inheritance until the heirs receive ten thousand from whom? From the guaranteed party. And at that time we proceed with the bequest and they become entitled to the inheritance.
Now we have the distribution of books, may Allah bless you.
The questioner : May Allah reward our father and our Shaykh with the best reward, and grant him a long life in obedience to Him, and may Allah send blessings and peace upon His servant and Messenger Muhammad.
The Shaykh : As for the well-known position of the school of Imam Ahmad (may Allah have mercy on him), the guarantor or the one who guarantees with a financial guarantee is like the principal debtor, meaning: if the guaranteed party pays, the objective is achieved, and if he does not pay, the guarantor is demanded the debt in his lifetime and after his death. Based on this, if the guarantor has an estate and he dies, the debt is paid from his estate, and the heirs demand from the guaranteed party what they paid from the deceased's estate. And I said this so that people do not rush into guaranteeing, because some people rush into guaranteeing and you find him guaranteeing a person whom he does not know, or whether he is trustworthy or not, and whether he will delay payment or not. And you, my brother, are in a state of well-being, do not guarantee him except for an extreme necessity that requires the guarantee. As for merely guaranteeing him for a debt that he takes and enjoys without any need for it, this is not of wisdom at all, and it is not of prudence at all, so be careful of this issue. And how many questions come to us regarding this topic where the guarantor has guaranteed with a financial guarantee, and then the guaranteed party does not care about the debt and delays, thereby harming the guarantor. We said previously that the guarantor is demanded like the demand of the principal debtor, meaning: he is paid from his estate if he leaves an estate, and his payment is prioritized over his bequest as well. Meaning: if we suppose that a man guaranteed a person for ten thousand and he died, and he bequeathed one-third, and nothing was found in his estate except ten thousand, what do we do? We pay the ten thousand to the creditor and we invalidate the bequest, and we invalidate the inheritance until the heirs receive ten thousand from whom? From the guaranteed party. And at that time we proceed with the bequest and they become entitled to the inheritance.
Now we have the distribution of books, may Allah bless you.
The questioner : May Allah reward our father and our Shaykh with the best reward, and grant him a long life in obedience to Him, and may Allah send blessings and peace upon His servant and Messenger Muhammad.