Should the ruling regarding seizure of property apply if the claimed property is a debt owed by a third party?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two differing opinions regarding whether the judge should take possession of the absent heir's share if the asset is a debt owed by someone. One opinion is that the judge should take possession, similar to taking possession of tangible assets. The preferred view is that taking possession is better, as the debt itself is exposed to loss through bankruptcy, death, or the judge's removal, just as is the case with physical property held in trust.

Supporting text

The alternative view suggests the judge should not take possession of the debt, arguing it is safer if it remains a debt owed by the debtor rather than being held as a trust asset by a trustee, due to fear of the trustee causing its destruction.