Is it permissible for me to take the money I lent to a person who passed away, on condition that his family repays the debt to me if they recover money owed to him by another person, and what is incumbent upon me to do?
The deceased's liability for debt is not cleared except by an absolute waiver from the creditor or by the debt being paid on their behalf. If the waiver is conditional on the debt being paid from another debt owed to the deceased by another person, then this is not considered a waiver, and the deceased remains bound by their debt. The noble has shown the seriousness of debt, as the soul of the deceased remains suspended by their debt until it is paid off. If the waiver is not granted, then the deceased's heirs must pay off their debt from their estate or from the money owed to them by others, whenever they are able to do so.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 82344
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy