What is the ruling concerning a declaration of debt made by a man with two sons to one of them during his illness, where that son dies leaving a son while the father is alive, and the father dies later?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
Imam Ahmad explicitly ruled that the declaration made by a father to one of his two sons during illness, concerning a debt, is invalid if that son dies leaving a son while the father is alive, and the father dies subsequently. This is based on the primary rule concerning declarations made to heirs being void due to suspicion.
Supporting text
Sufyan al-Thawri held that the declaration should be valid, considering the precedent cited where a declaration to a non-heir who later becomes an heir is valid. This situation is deemed analogous to that case by some scholars.