Q 1: Our father died leaving behind a debt that will take us more than two years to repay. His responsibility has been absolved on account that his son-in-law has taken upon himself to repay the debt. My father left us two buildings hired annually during Ramadan and the season of Hajj. However, their revenue does not suffice repaying his outstanding debt at the present time. My father left two married daughters, a third adult unmarried, and other five children who are underage. My questions are:1- Should we meet with the creditors to reach an agreement with them regarding repaying them the debts in installments i.e. to pay them a certain sum every year?2- Is there still any sin for which the deceased is punished, though after his responsibility has been cleared by his son-in-law who undertook paying back the debt?3- Or, should we sell one of the two buildings, bearing in mind that they both are pawned and can only be repossessed after paying the money due on them? Please guide us!
(Part No. 7; Page No. 218
A1:
It is obligatory
to hasten in repaying the debt due on the deceased, either through selling both or just one of the two buildings to fulfill his obligation, unless the creditors agree to receive their dues from the annual rent of the two buildings till the payment of the full debt. There is no harm in this. On the other hand, undertaking to pay back the debt of the deceased on the part of any relative only discharges former's responsibility after the debt has been repaid in full.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.