If a man dies with deferred debts, are they paid from the estate before distribution or not?
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The questioner : Your Eminence, a man passed away and he had deferred debts. Are these deferred debts deducted from the estate before inheritance, or
The Shaykh : What?
The questioner : are they deducted from the estate before the distribution of the inheritance, meaning, or do they remain on his person until they are paid according to the installments?
The Shaykh : If the debt is deferred, then when the deceased dies, the debt becomes due; the debt becomes due and the deferral is nullified, unless the heirs secure it with a pledge that is sufficient, or a solvent guarantor. Do you understand? So, for example, if a man dies and he has a debt to the real estate bank for the house he is living in, we say: if there were installments that became due before he died and he did not pay them, it is obligatory for the heirs to pay them immediately, or sell the house to pay them. And if he had paid the installments that became due during his life, and the remaining installments are due in the future, then the deceased is free of that, and the debt is attached to the house pledged to the bank. Is that clear?
The questioner : It is not possible for the heirs to pay the debts
The Shaykh : What?
The questioner : The heirs pay the debts according to the annual installments, for example
The Shaykh : which are for the fund
The questioner : for the real estate bank
The Shaykh : There is no harm in that, because there is a pledge. But suppose a person borrowed from another person, for example, one hundred thousand, yes, or bought a car from him for fifty thousand on credit. Here we tell the heirs: either you provide a pledge, or the money becomes due, or you provide a guarantor who guarantees the debt and is wealthy and solvent. Yes.
The questioner : So, regarding the debts that are due, they remain on his person. But how is the remaining amount paid?
The Shaykh : I told you that the remaining amount cannot remain, meaning, let us suppose the case of real estate, you now know its ruling. Other than real estate: a person bought a car from someone for fifty thousand on credit, two thousand riyals per month, do you understand? He paid what became due before he died. When he died, we calculated the remaining amount at thirty thousand out of fifty. We tell the heirs: either you pay it now from his estate, or you provide a pledge to the one who sold the car, a pledge that is sufficient, meaning, equal to thirty thousand or more, or you provide a person who guarantees the debt so that the seller is secure in his right. It cannot remain deferred on the person of people whose ability to pay we do not know. Is that clear?
The questioner : Yes
The Shaykh : Very well.
The questioner : May Allah reward you with good
The Shaykh : What?
The questioner : are they deducted from the estate before the distribution of the inheritance, meaning, or do they remain on his person until they are paid according to the installments?
The Shaykh : If the debt is deferred, then when the deceased dies, the debt becomes due; the debt becomes due and the deferral is nullified, unless the heirs secure it with a pledge that is sufficient, or a solvent guarantor. Do you understand? So, for example, if a man dies and he has a debt to the real estate bank for the house he is living in, we say: if there were installments that became due before he died and he did not pay them, it is obligatory for the heirs to pay them immediately, or sell the house to pay them. And if he had paid the installments that became due during his life, and the remaining installments are due in the future, then the deceased is free of that, and the debt is attached to the house pledged to the bank. Is that clear?
The questioner : It is not possible for the heirs to pay the debts
The Shaykh : What?
The questioner : The heirs pay the debts according to the annual installments, for example
The Shaykh : which are for the fund
The questioner : for the real estate bank
The Shaykh : There is no harm in that, because there is a pledge. But suppose a person borrowed from another person, for example, one hundred thousand, yes, or bought a car from him for fifty thousand on credit. Here we tell the heirs: either you provide a pledge, or the money becomes due, or you provide a guarantor who guarantees the debt and is wealthy and solvent. Yes.
The questioner : So, regarding the debts that are due, they remain on his person. But how is the remaining amount paid?
The Shaykh : I told you that the remaining amount cannot remain, meaning, let us suppose the case of real estate, you now know its ruling. Other than real estate: a person bought a car from someone for fifty thousand on credit, two thousand riyals per month, do you understand? He paid what became due before he died. When he died, we calculated the remaining amount at thirty thousand out of fifty. We tell the heirs: either you pay it now from his estate, or you provide a pledge to the one who sold the car, a pledge that is sufficient, meaning, equal to thirty thousand or more, or you provide a person who guarantees the debt so that the seller is secure in his right. It cannot remain deferred on the person of people whose ability to pay we do not know. Is that clear?
The questioner : Yes
The Shaykh : Very well.
The questioner : May Allah reward you with good