|
|
|
|
| ....... ...... |
Islamic Verdicts - Volume III Riba, Loans and working in banks Debt
He died and he owed a Debt, so does his Soul still remain bound to it? Q: Whoever died and he owed a debt that he was not able to repay due to his poverty, does his soul remain bound and tied to it? A: Ahmad, Ibn Majah and At-Tirmithi, all recorded from Abu Hurairah (Radiyallahou 'an-ou) that the Messenger of Allah (Salallahou 'aleyhi wa salam) said: "The soul of the believer is attached to his debt until it is repaid for him” (At-Tirmithi no 1079). This means that whoever leaves some wealth, his debt should be paid with it. In reference to the person who had no wealth to repay his debt, it is hoped that this Hadith does not apply to him. This is due to the Statement of Allah, the Most High: "Allah does not burden a soul xcept with what it can bear” (Al-Baqarah 2: 286). And His Statement: "And if the debtor is having difficult times (i.e., he has no money), then grant him time until it is easy for him to repay" (Al-Baqarah 2: 280). Likewise, it does not apply to the person who had good intentions to repay it when he took the loan, and then he died while he was not able to repay it. This is due to what Al-Bukhari recorded from Abu Hurairah (Radiyallahou 'an-ou) that the Messenger of Allah (Salallahou 'aleyhi wa salam) said: "Whoever takes the wealth of the people and he intends to pay it back, Allah will pay it back for him, and whoever takes it intending to waste it, Allah will waste him" (Al-Bukhari no. 2387). The Permanent Committee
Q: It is known that the Real Estate Development Fund gives loans to the citizens (i.e., Saudi citizens) that have a long term of payment so that they can build homes for themselves. The repayment of the loans is to be completed over a period of 25 years. If the borrower died and he has only paid two of the mentioned payments, and his heirs took up the making of the payments at the appointed times after his death, is the accountability of the deceased freed at that time with this not being included in the Hadith: "The soul of the believer is attached to his debt until it is repaid for him” (At-Tirmithi no. 1079). Or is he bound to this debt until all of the payments are paid off? I hope for a clarification concerning this matter from your Eminence. A: If the person died while owing a debt to be paid at a later time, then that debt remains upon him. If the heirs try to repay it and the person who is owed the debt is satisfied with them repaying it or they give a full guarantee or pledge to repay the debt, by that the deceased will be safe from the responsibility, if Allah wills. Ash-Shaykh Ibn Baz
Q: My father owes a debt to the Real Estate Bank and he died - may Allah have mercy on him. Are we obligated to pay the entire amount of the money or can we pay it according to the installment payments that the bank agreed to and clear him of the responsibility by that? A: It is not necessary to repay all of the payments at once if the heirs or someone else agree to pay it at its times in a way that contains no danger for the one to whom the money is due. This is because the delayed payment is from the rights of the deceased and his inheritors inherit it from him. There is no harm on the deceased in that, if Allah wills. This is because the debt for delayed payment is not required to be repaid until its times and the heirs take the place of the deceased if they agree to that or someone else agrees to it in a way that contains no danger for the one to whom the money is due, as we mentioned before. Ash-Shaykh Ibn Baz
He died and he did not inform anyone of his Debt Q: A person died while owing a debt and he did not inform anyone of that. So, what is the ruling? A: If the deceased owes a debt and he did not inform anyone •OL of it before he died, it is obligatory upon his heirs to repay it from whatever he left if the debt is confirmed by a legal proof that is given precedence over the will and the inheritance. If the heirs and those who claim to be owed the debt dispute, then the matter is referred to the Shari'ah court. Ash-Shaykh Ibn Baz
...... | |