Is a bequest made to a creditor of an heir valid?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest made to the creditor of an heir is valid. Al-Shafi'i and Abu Hanifah hold this view. The evidence supporting this is that the bequest is made to a non-heir (stranger), which is valid, similar to bequeathing to someone accustomed to benefiting the heir.
Supporting text
Abu Yusuf holds that this is a bequest to the heir himself, because the heir benefits from this bequest as his debts are settled from it.