What is the established position regarding an heir's liability when acknowledging a debt of the deceased, compared to other jurists?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The opinion that the heir is liable for a portion corresponding to his inheritance share is held by Al-Nakh'i, Al-Hasan, Al-Hakam, Ishaq, Abu Ubayd, Abu Thawr, and one opinion of Al-Shafi'i. The proponents of the opinion of *Ahl al-Ra'y* (e.g., Hanafi school) hold that the heir is liable for the entire debt or their entire inheritance share. This latter view is Al-Shafi'i's second opinion, which he returned to later, based on the debt being attached to the estate, and the heir only being entitled to what remains after the debt, pursuant to the Quranic verse: {after any bequest he may have bequeathed or debt} (Quran 4:12).
Supporting text
The counter-argument maintains that since the heir is entitled to no more than half the inheritance, he should not be liable for more than half the debt, similar to if his brother acknowledged it. Furthermore, an acknowledgment involving his share and his brother's share should only obligate him for his portion, like acknowledging a bequest or one partner acknowledging a debt against partnership assets. If the debt were established by evidence, the deceased's statement, or the heirs' collective acknowledgment, he would only be liable for half, so his individual acknowledgment should not obligate him for more.