What is the legal standing of the heirs' transactions (sale, gift, partition) regarding the estate before debt settlement?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 3 · Bab 1

Open in Qurani

Primary text

Based on the primary ruling, the heirs' transactions concerning the estate, such as selling, gifting, or partitioning, are valid, provided they subsequently settle the debt. If they fail to pay the debt, their transactions are nullified, similar to a master disposing of a slave who committed a crime without settling the resulting liability.

Supporting text

According to the alternative ruling, the heirs' transactions are void (fasid) because they are transacting in property they do not yet fully own.