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Is the debtor discharged of his liability merely upon the creditor's receipt of the contract, or does the debt remain pending until it is repaid by the heirs, in the case of drawing up sales contracts contingent on a rescinding condition for the creditors to guarantee repayment of debts after the debtor's death?

1 min readAlso available in العربية

Debts should be documented through witnessing and writing, and promptly repaid. If immediate repayment is not possible, then a part of the debtor's property that covers the debt should be mortgaged to clear his liability, because the Prophet, peace and blessings be upon him, died while his shield was mortgaged with a Jew. The transaction mentioned does not meet the conditions of a mortgage, nor does it fulfill its purpose.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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