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 paid, and how should he deal with the company?
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The questioner : One man bought a car from a company. The company, of course, this is on installment. My question is not about the installment. This man was taken by Allah, Blessed and Exalted is He, and he had debts that he held onto... he and the company agreed on them. There are people ready to pay his debt as agreed, meaning this debt is upon the deceased. In the case of his death, they pay his debt, or as agreed between the company...
Another questioner: Installments between the months, it must be.
The Shaykh : I mean, in your question, are there two scenarios for repayment, or is there only one scenario?
The questioner : I mean, there is one scenario.
The Shaykh : ... The answer to my question, to understand you well, in your words, in your question, are there two scenarios for repayment on behalf of the deceased, or is there one scenario?
Another questioner: It seems so.
The questioner : Two voices.
Another questioner: He pays once, or he pays...
The Shaykh : Because I truly did not understand from him what the question is.
Another questioner: I mean, what is the basic condition?
The questioner : What we want to know from this question is that a man took this car from the company on installment.
The Shaykh : On installment, yes.
The questioner : ... On the installment that he was bearing while he was 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, he deals with the company through the banks.
The Shaykh : Okay, so he paid an installment, for example?
The questioner : Yes, he paid.
The Shaykh : Okay, so he has, for example, ten installments remaining.
The questioner : Okay, when this man died... Abu Abd al-Rahman, and there are people who are obligated, it was agreed between the company and the man, or he pays...
The Shaykh : Is there a possibility of paying in cash?
The questioner : One person cannot, but I can.
The Shaykh : That is why I asked how many scenarios there are, because your words seem to show two scenarios. When the question is directed, there is no one who pays in cash.
The questioner : If they want to clear the debt... they sell the car and pay the debt.
The Shaykh : In any case, if one believes, like me, that the increase in exchange for installment is riba (usury or interest), then the previous discussion applies: it is not permissible to cooperate in riba. So in this scenario, if it is not possible to pay the company the price of the car in cash, not on installment, that is the obligatory thing. But you said there is no one who pays like that.
The questioner : There is one who pays, but it is not as agreed.
The Shaykh : Yes, this is it. Now we come to cash.
The questioner : Yes, that is right.
The Shaykh : There is no one who pays. Okay, so at that point, 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, as a charity, to fulfill the debt on behalf of the deceased, and does not pay in cash? Is that the meaning of the question?
The questioner : No, this car is working, it has become a taxi. From its work, I give it to the bank or to the company.
Another questioner: The payment is realized.
The Shaykh : And who is working in it?
The questioner : This is one person we asked, and we told him we would ask the Shaykh and take the answer from him.
The Shaykh : In any case, my brother, the answer, as you heard, is that it is not permissible to cooperate in what is wrong. Rather, one must try to clear the car by paying its price in cash.
The questioner : So from the aspect of dealing in riba, it is not riba, and from the second aspect, this debt is considered...
The Shaykh : In all cases, it is considered a debt. But there is a debt that is obligatory to fulfill, which is cash. As for installment, it is not obligatory to fulfill it. Meaning, this forbidden thing does not remain in the liability of the deceased.
The questioner : It is obligatory to pay them off.
The Shaykh : Yes
Another questioner: Installments between the months, it must be.
The Shaykh : I mean, in your question, are there two scenarios for repayment, or is there only one scenario?
The questioner : I mean, there is one scenario.
The Shaykh : ... The answer to my question, to understand you well, in your words, in your question, are there two scenarios for repayment on behalf of the deceased, or is there one scenario?
Another questioner: It seems so.
The questioner : Two voices.
Another questioner: He pays once, or he pays...
The Shaykh : Because I truly did not understand from him what the question is.
Another questioner: I mean, what is the basic condition?
The questioner : What we want to know from this question is that a man took this car from the company on installment.
The Shaykh : On installment, yes.
The questioner : ... On the installment that he was bearing while he was 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, he deals with the company through the banks.
The Shaykh : Okay, so he paid an installment, for example?
The questioner : Yes, he paid.
The Shaykh : Okay, so he has, for example, ten installments remaining.
The questioner : Okay, when this man died... Abu Abd al-Rahman, and there are people who are obligated, it was agreed between the company and the man, or he pays...
The Shaykh : Is there a possibility of paying in cash?
The questioner : One person cannot, but I can.
The Shaykh : That is why I asked how many scenarios there are, because your words seem to show two scenarios. When the question is directed, there is no one who pays in cash.
The questioner : If they want to clear the debt... they sell the car and pay the debt.
The Shaykh : In any case, if one believes, like me, that the increase in exchange for installment is riba (usury or interest), then the previous discussion applies: it is not permissible to cooperate in riba. So in this scenario, if it is not possible to pay the company the price of the car in cash, not on installment, that is the obligatory thing. But you said there is no one who pays like that.
The questioner : There is one who pays, but it is not as agreed.
The Shaykh : Yes, this is it. Now we come to cash.
The questioner : Yes, that is right.
The Shaykh : There is no one who pays. Okay, so at that point, 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, as a charity, to fulfill the debt on behalf of the deceased, and does not pay in cash? Is that the meaning of the question?
The questioner : No, this car is working, it has become a taxi. From its work, I give it to the bank or to the company.
Another questioner: The payment is realized.
The Shaykh : And who is working in it?
The questioner : This is one person we asked, and we told him we would ask the Shaykh and take the answer from him.
The Shaykh : In any case, my brother, the answer, as you heard, is that it is not permissible to cooperate in what is wrong. Rather, one must try to clear the car by paying its price in cash.
The questioner : So from the aspect of dealing in riba, it is not riba, and from the second aspect, this debt is considered...
The Shaykh : In all cases, it is considered a debt. But there is a debt that is obligatory to fulfill, which is cash. As for installment, it is not obligatory to fulfill it. Meaning, this forbidden thing does not remain in the liability of the deceased.
The questioner : It is obligatory to pay them off.
The Shaykh : Yes