An Introduction to Financial Sacrifice — Page 181
181 this amount and I shall pay H i ss a J a ’id a d on the rest, this will create some complications. In order to avoid such complications, the best method is that if such a person requests to pay H i ss a A mad on his property, it will be accepted only if he shall himself be responsible for such loans. He will, therefore, pay H i ss a J a ’id a d on total market value of his property. If he wishes to deduct the loans and is granted permission, such permission shall only mean that he shall pay H i ss a J a ’id a d only upon the property on which there are no loans to be paid. The matter of the property upon which the loan are still to be paid shall be considered postponed till the death of the M usi. This means that if the loan has been paid by that time, then H i ss a J a ’id a d shall be demanded upon this property at his death, as he did not pay H i ss a J a ’id a d on it citing the loan. If some loan still remains, then an estimate of the property shall be made, the loan shall be deducted from it, and H i ss a J a ’id a d shall be payable on the rest. This is the basic rule which shall apply in all such cases…” Q : What shall be the procedure for assessing the value ( Tashkh i s ) of property acquired on mortgage? A : There are only two ways to pay H i ss a J a ’id a d on property that has been acquired on mortgage: a. If a M usi wishes to pay H i ss a J a ’id a d in his lifetime, then the property shall be assessed according to the market value and amount of mortgage shall not be deducted from it, as loan does not count while a person is alive. b. If a M usi does not pay H i ss a J a ’id a d during his life, then, at the time of his death, his loans have to be paid first, then Wa s iyyat and lastly his inheritance. In such a case, if there is a property on which mortgage instalments still need to be paid, then that amount shall be deducted and H i ss a J a ’id a d shall be paid on the remaining amount. Q: Can a M usi get the assessment of his house value in his life, and payoff his dues during his lifetime? At what rate? Is there a time limit to make the complete payment after the assessment is done? A: a. Yes one can get the value of his/her property assessed during his/her lifetime and pay H i ss a J a ’id a d accordingly.