Is a declaration of debt made by a person to a non-heir valid if that non-heir subsequently becomes an heir before the declarant's death?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The declaration made to a non-heir, who subsequently becomes an heir, is valid. This is supported by the narration from Ibn Mansur regarding Imam Ahmad, stating that if a person declares a debt to a woman during an illness and then marries her, the declaration is valid because she is considered not suspected (*ghairu muttaham*). The ruling is based on the principle that the initial declaration was valid because it was made to someone who was not an heir, thus free from suspicion, establishing the right, and no subsequent event negated it.
Supporting text
Sufyan al-Thawri and Al-Shafi'i hold that the validity should be judged based on the time of death, similar to a bequest (*wasiyyah*), because this matter relies on the absence of inheritance. A narration attributed to Imam Ahmad also suggests this view differs from the primary ruling in both scenarios.