What is the ruling when an heir acknowledges a debt owed by the deceased?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
When an heir acknowledges a debt against the deceased before the heir's acknowledgment, there is no known disagreement; the debt is attached to the deceased's estate, just as if the deceased acknowledged it before death. If the deceased left no estate, the heir is not liable for anything, just as he would not be liable for the debt if the deceased were alive and insolvent. If an estate remains, the debt attaches to it. The heir may choose to hand over the estate to cover the debt, in which case his liability is limited to the lesser of the estate's value or the debt amount. If there is only one heir, this is his ruling.
Supporting text
If there are two or more heirs, and the debt is established by the deceased's acknowledgment, evidence, or the acknowledgment of all heirs, the ruling is similar. If the heirs choose to take the estate and pay the debt from their own wealth, each heir is liable for a portion of the debt commensurate with his inheritance share. If one heir acknowledges the debt, he is liable only for the portion corresponding to his inheritance share, and he has the option to surrender his share toward the debt or reclaim it. If he opts to pay from his own wealth, if there are two heirs, he owes half the debt; if three, one-third.