The validity of an oath made by a debtor against repaying a debt owed to a deceased creditor.

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 5 · Bab 2

Open in Qurani

Primary text

If a man borrows money and swears not to accept its repayment, and the creditor dies, the debt must be paid to the heirs of the deceased. The oath does not absolve the debtor because the oath does not constitute a formal release (Ibra'), thus the right to the debt is not extinguished by the oath alone.