Does a deferred debt become immediately due upon the debtor's death?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
There are two narrations regarding whether deferred debts mature upon the death of the debtor when the heirs vouch for the debt. One view states they do not mature if the heirs vouch for the debt, supported by Ibn Sirin, Abdullah ibn al-Hasan, Ishaq, and Abu Ubaid. The other view, held by Taus, Abu Bakr ibn Muhammad, al-Zuhri, and Sa'd ibn Ibrahim, maintains the debt remains deferred. The second narration states the debt does mature upon death, held by al-Sha'bi, al-Nakha'i, Suwar, Malik, al-Thawri, al-Shafi'i, and the People of Opinion. This is argued because the debt cannot remain in the dissolved liability of the deceased, nor automatically in the liability of the heirs without their consent, nor can it be suspended against specific assets with a fixed term, as this harms the deceased and the creditor. Instead, the debt remains attached to the estate's assets, similar to the assets of a bankrupt person under sequestration.
Supporting text
The view asserting maturity argues that the debt is either in the deceased's liability (impossible), the heirs' liability (unconsented), or suspended over assets (harmful). They argue for maturity based on public interest (Maslaha Mursala). The counter-argument is that death only marks succession, not nullification of rights, and the debt remains attached to the estate, allowing heirs to pay it off and secure full rights only if the creditor consents, secures a guarantor, or accepts collateral. Qadi stated the right transfers to the heirs' liabilities without their explicit assumption, which is rejected as unjustly burdening someone who did not undertake or cause the debt.