How is the established portion of a debt handled when some heirs are minors or mentally incapacitated?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

The portion established by the oath of the capable heirs is paid from their father's debt. If there is a minor or an incapacitated person among the heirs, his share is suspended until the minor reaches maturity and the incapacitated person regains soundness of mind, as they cannot swear in their current condition. The guardian cannot swear on their behalf because representation in oaths is not permissible.