Must an executor pay a debt of the deceased if the deceased stated it, even without evidence?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When the executor knows of a debt owed by the deceased, whether established by the deceased's bequest or otherwise, Ahmad holds that the debt must not be paid except upon proof (bayyinah). This ruling applies when the heirs do not confirm the executor's claim or the creditor's assertion, as the executor's statement establishing a mandate (wilayah) is not accepted as proof for himself. However, if the heir confirms the debt to the extent of their share, this confirmation is accepted. Furthermore, if the executor entrusts property to someone with instructions to give it to the heir upon the testator's death, and the executor gives it to one of two sons or to a stranger, the executor is liable to the other heir for their share. This is reconciled with the view that the executor should execute the bequest if the heirs confirm the claim or if there is supporting evidence, thereby harmonizing the differing reports.
Supporting text
If the creditor presents the claim to the judge to administer an oath to the executor that the debt is due, the executor should not swear. Rather, the judge should be informed of the case, and if the judge awards it, the executor has a better justification. If the heir confirms the executor's claim, it is accepted as an admission against themselves.