Should the marital home be sold to pay off numerous debts, taking into account the wife's health conditions and her fear of not being able to pay rent in the future, and will paying off the debt solve intractable problems?
A solvent debtor must repay his debt immediately upon its due date and the creditor's demand, because the procrastination of the rich is an injustice. If the wealthy debtor refuses, the creditor may demand payment and press him, and may sue him before a judge to have him imprisoned until he pays what he owes.
The house (apartment) must be sold to repay debts if possible, and moving to rented accommodation is not considered insolvency, because insolvency is the inability to possess anything more than the basic necessities for the debtor and his dependents.
The debtor must hasten to sell the house and repay his debts, for the matter of debt is grave. The Prophet, peace be upon him, used to seek refuge in Allah from al-maghram (debt) because of the lies and broken promises it entails. Furthermore, a martyr is forgiven for everything except debt.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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