Ruling on a person who dies while liable for payments scheduled on an installment plan
A relative of mine died while liable for payments on a car bought on an installment plan. The question is: Do these installments become due immediately, or should repayments remain deferred as they are?
Answer us, may Allah reward you with the best!
There are two cases regarding a person who dies while liable for payments scheduled on an installment plan. If heirs guarantee to pay the creditors through mortgage or by a solvent guarantor, installments may remain as they are, and thus be payable at their fixed deferred times. However, if heirs do not commit to the installment plan, payment becomes due immediately by the death of the debtor. In this regard, heirs should proceed as soon as possible to pay off the debts of the deceased out of his wealth, if he had any; or out of their wealth, if it is within their capacity. This is meant to discharge the responsibility of the deceased and to free him from being accountable for people's debts, for indeed (the soul of) one who dies is held hostage by his debts until they are paid off.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.