Does the guarantee of a deceased father, who guaranteed the repayment of his son's debt, transfer to his heirs if the son is unable to repay?
If a father guarantees his son with the condition of being asked to pay if the son is unable to do so, and then the father dies and the son becomes unable to pay, the creditor can demand the debt from the father's heirs, to be paid from his estate. If the father has no estate, his heirs are not obliged to pay the debt from their private wealth, and in this case, the son is asked to pay. If the son's share of his father's inheritance is sufficient to cover his debt, he must pay from it, and the creditors do not claim from the estate.
As for the general principle of guarantee (kafala), the creditor can demand payment from the guarantor or the guaranteed person, or from both of them together, whether in life or after death. The guarantee is not invalidated by the death of the guarantor, and what he guaranteed is taken from his estate.
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