Can a creditor swear an oath alongside the witness to establish a debt owed to a deceased debtor when the heirs do swear the oath?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the heirs swear the oath along with the witness establishing the debt owed to the deceased, the judge rules the debt established in favor of the deceased's estate. This established debt is then used to settle the deceased's liabilities first, and subsequently, the bequests (up to one-third) are executed, unless the heirs agree to waive this restriction.
Supporting text
If the creditor were to swear alongside the witness and subsequently absolve the deceased of the debt, the debt would revert to the heirs. If the debt had been established solely through the creditor's oath, it would not revert to the heirs. Similarly, if the deceased made a bequest and the heirs did not swear, the legatee (Mawṣá lahu) cannot swear to establish the bequest based on the same principle.