Back to search
The question

Is the guarantor considered a debtor if he dies and there was a debt and a guarantor between a creditor and a debtor?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The death of the guarantor (kafeel) does not invalidate the guarantee (kafalat). Rather, according to the majority of scholars, it makes the deferred debt immediately due, and it is paid from his inheritance. The heirs are obliged to pay it, and then they can seek reimbursement from the person for whom the guarantee was made (makfool 'anhu) when the original term of the debt expires. If the beneficiary of the guarantee (makfool lahu) dies, his heirs take his place in demanding the debt. The Hanbalis, in another narration, held that a deferred debt does not become due upon the death of either the guarantor or the person for whom the guarantee was made.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
95457
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy