Is it obligatory to pay off the remaining debt of the deceased father to absolve his responsibility, given that his guarantor has pledged to pay it?
The deceased's liability remains tied to their debt until it is paid off. If someone undertakes to pay off their debt, the deceased benefits from this action once it occurs. The majority of jurists hold that the person for whom the guarantee is made is not absolved merely by the act of guaranteeing, but rather is absolved when the guarantor actually fulfills the payment. Therefore, if your father was the one who contracted with the hospital, the debt is fixed upon his liability. However, if the guarantor was the one who contracted, paid, and undertook the remaining amount, then the debt is fixed upon the guarantor's own liability.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 175521
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy