What is the ruling on an acknowledgment made by an heir and a non-heir concerning an estate?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
When a person acknowledges an obligation to both an heir and a non-heir (ajnabi), the acknowledgment is invalid concerning the heir but valid concerning the non-heir. This position is supported by the fact that an acknowledgment involving an heir and a non-heir is treated similarly to an acknowledgment made in two separate statements, or if the non-heir denies a partnership in the matter. The ruling for acknowledgment is distinguished from testimony because acknowledgment carries greater legal force, evidenced by the fact that integrity (adalah) is not a precondition for its validity.
Supporting text
There is an alternative consideration that the acknowledgment might be entirely invalid, even concerning the non-heir, similar to a case where testimony is partially self-serving, which invalidates the entire testimony, or if one testifies in favor of one's son and a non-heir. Furthermore, if the acknowledgment concerns a debt from a partnership, and the non-heir affirms the partnership, the acknowledgment is valid for both; but if the non-heir denies the partnership, the acknowledgment is valid only for the non-heir and not the heir, according to Abu Hanifa.