My father passed away and he had a remaining balance on a loan from the Real Estate Fund. Is this debt waived, or are we obligated to pay it off?
Machine translationRead the Arabic original
The questioner : My father passed away and he had a remaining balance on a loan from the Real Estate Fund. Is this debt waived, or are we obligated to pay it off?
The Shaykh : It is well known that this debt is deferred, with an installment becoming due each year. If the deceased had paid all the installments that became due during his lifetime, his liability is cleared, and what remains for the fund is secured by this pledge, namely the pledge of the house. The evidence for this is that the Prophet (peace and blessings be upon him) passed away with a debt to a Jew for the price of barley he had bought for his family, and the Prophet (peace and blessings be upon him) had pledged his armor to this Jew. It is known that the Prophet (peace and blessings be upon him and his family) died with his liability cleared. Therefore, if there is a pledge in the debt that secures it and is sufficient, and the portion of the debt that became due during the deceased's life has been paid, his liability is cleared, because the debt is secured by this pledge, and because Some scholars have held that if a deceased person's debt is guaranteed and the guarantor is wealthy, his liability is completely cleared and he is not held accountable for any sin of the debt. They cited this hadith as evidence, but there is a narration in the hadith indicating that there must be an impact on the deceased so that the guarantor pays what he guaranteed of his debt.
The questioner : May Allah reward you with good.
The Shaykh : It is well known that this debt is deferred, with an installment becoming due each year. If the deceased had paid all the installments that became due during his lifetime, his liability is cleared, and what remains for the fund is secured by this pledge, namely the pledge of the house. The evidence for this is that the Prophet (peace and blessings be upon him) passed away with a debt to a Jew for the price of barley he had bought for his family, and the Prophet (peace and blessings be upon him) had pledged his armor to this Jew. It is known that the Prophet (peace and blessings be upon him and his family) died with his liability cleared. Therefore, if there is a pledge in the debt that secures it and is sufficient, and the portion of the debt that became due during the deceased's life has been paid, his liability is cleared, because the debt is secured by this pledge, and because
The Prophet (peace and blessings be upon him and his family) used to ask when a deceased person was brought to him: "Does he have a debt?" meaning, does he have a debt for which he has no means of payment? If they said, "Yes," he would refrain from praying over him. One day, a man from the Ansar was brought to him to be prayed over. When he asked, "Does he have a debt?" they said, "Yes." So the Messenger of Allah (peace and blessings be upon him) stepped back and said, "Pray over your companion." Abu Qatadah (may Allah be pleased with him) stood up and said, "O Messenger of Allah! The two dinars are on me." The Prophet (peace and blessings be upon him) said, "The creditor's right is established, and the deceased is cleared of it." He said, "Yes." So he stepped forward and prayed over him.
النبي صلى الله عليه وعلى آله وسلم كان إذا قدم إليه الميت سأل: أعليه دين؟ يعني أعليه دين وليس له وفاء؟ فإن قالوا: نعم، ترك الصلاة عليه، فقدم ذات يوم إليه رجل من الأنصار ليصلي عليه، فلما سأل: أعليه دين؟ قالوا: نعم. فتأخر صلوات الله وسلامه عليه وقال: صلوا على صاحبكم، فقام أبو قتادة رضي الله عنه فقال: يا رسول الله! الديناران عليّ، قال النبي صلى الله عليه وسلم: حق الغريم وبرئ منه الميت. قال: نعم. فتقدم وصلى عليهThe questioner : May Allah reward you with good.