What is the ruling if the sick person pays some creditors but the estate is insufficient to cover the remaining debts?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There are two views concerning the validity of the payment when the estate cannot cover all remaining debts. One view holds that the remaining creditors have the right to reclaim the paid amount from the creditor who received the payment and share it with the paying debtor. This is the position of Abu Hanifa. The justification is that their rights were attached to his wealth during his illness, prohibiting him from disposing of it in a way that diminishes their claims, similar to a gift. Furthermore, if he willed to pay some of his debts, it would not be valid, thus the same applies to him paying them directly.
Supporting text
The second view maintains that the remaining creditors cannot object or share in what was paid. This aligns with the deduction from Ahmad's school of thought and the explicit statement of Al-Shafi'i. The reasoning is that the debtor discharged an obligation upon himself, which is valid, just as if he purchased something and paid its price, or sold part of his property and delivered it. This situation is distinguished from a bequest (wasiyyah), because if the sick person bought garments of established value, the purchase is valid, but if he willed for his shroud to be made from such garments, it is not valid. The fulfillment of the price of sold goods is considered a payment to some of his creditors and is valid immediately after the sale; therefore, it is also valid if delayed, as the delay has no effect.