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[Debtor owes money but owns shops and property]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20925
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[Debtor owes money but owns shops and property]
Fatwa number: 20925
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Question

Question: A creditor seeks immediate payment from a debtor who has no cash but owns goods, land, buildings, and shops. The creditor wants to compel him to sell shops to the creditor at their value against the debt. Is the debtor obliged, and what is proper?

Answer

Answer—and Allah grants success: The debtor is not obliged to sell his shops to the creditor. What is due to the creditor is cash of like kind to the loaned currency. So, the crediton came demanding the payment of his debt, and when he learned the debtor's situation, the creditor must allow the debtor a reasonable period to sell what he chooses and find a buyer; the judge should fix a time that avoids harm to either party.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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