Wednesday 4 Rabi‘ at-akhir 1440 - 12 December 2018
English

He offered a financial guarantee then he died. Should his heirs pay it off?

Question

He offered a financial guarantee and paid part of it, then he died. Do his heirs have to pay the rest?

Answer

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:

Yes, because this is a guarantee.

Question:

What if the person to whom the money is owed decides to ask for it from the person who was originally guaranteed?

Answer:

The person to whom the money is owed has the right to ask for it from whomever he wants. If he wants to ask the person who was originally guaranteed, he has the right to do so, and if he wants to ask the guarantor, he has the right to do that too. And Allaah knows best.

Source: Shaykh Muhammad ibn ‘Uthaymeen

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