Question
A man said to his debtor that if the debt is not paid by the time he dies, it will be maaf (waved). After his death the heirs are claiming the debt which is a large sum. The debtor claims that their father had waived the debt. What is the Shariah's ruling?
Answer
Without an explicit declaration waiving the debt, the debt remains. If the creditor says for example: 'If you can't pay, then the debt is waived.' This statement does not waive the debt. If the creditor dies, his heirs will have the right to claim from the debtor. He should explicitly state that he has made maaf (waived) the debt. In this case the heirs have the right to demand payment.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 12
- PDF page
- 3
Appears under ONLY ALLAH CREATES (approximate).