“If his heirs provide security by a pledge or a solvent guarantor.” If they do not provide such security, the debt falls due.

An example of this is a man who owes ten thousand riyals, payable after one year. Then the man dies. Does the debt fall due?

The answer is: it does not fall due, because the property passes to the heirs with its very assets and attributes, one of those attributes being that it is subject to a deferred debt. The right therefore belongs to the heirs at this point. If they say, “We will not pay you, because your debt has not yet fallen due,” their word is accepted. However, the author stipulates, “If his heirs provide security by a pledge or a solvent guarantor”; that is, if they say, “Your right has not yet fallen due, so do not demand anything from us.”

If the creditor says, “I fear that you will divide up the estate and my right will be lost,” they may say, “You may take this house as a pledge.” If the house is worth twenty thousand and the debt is ten thousand, this pledge is sufficient security for the debt. If they do not pledge anything to him and he says, “Provide me with a guarantor,” and they say, “So-and-so will guarantee your debt,” we consider the matter: if he is solvent, the debt does not fall due; but if he is not solvent, the debt falls due.

A solvent person is one able to fulfil the obligation through his wealth, his standing, and his person.

His solvency in wealth means that he possesses enough assets to cover this debt.

His ability in person means that he is someone who can be brought before the court when litigation arises.

His ability by his standing means that he is not one who procrastinates, saying, “Tomorrow, or the day after tomorrow,” and continues to delay. Thus, if they bring a wealthy guarantor who, if he refuses to pay, can be brought to court, the debt does not fall due.

It is understood from his statement, “or a solvent guarantor,” that if they bring a guarantor who is not