Selling the mortgage


445

A: The contract is invalid for two reasons. First, the land is mortgaged to the bank through the loan. In fact, the mortgagee's consent is a prerequisite for selling a mortgage. Second, the debtor alone is liable to pay the debt. Thus, debt liability may not be transferred to someone else unless in the case of the transfer of a debt which is not applicable here. And Allah knows best. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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