Is it required to demand a guarantee (damān) from the present heir when delivering his established share of the property or debt?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the present heir is given half the house or the debt after the proof is established, he is not required to provide a guarantee because the delivery is based upon the testimony of the witnesses, and demanding a guarantee is an implicit challenge to their testimony.