Does ownership of the deceased's estate transfer to the heirs?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
Ownership of the deceased's estate is established for the heirs, regardless of whether the deceased left behind debts. Ahmad affirmed this, stating that if a person faces bankruptcy and then dies, the sold property transfers to the heirs and becomes their possession. Al-Shafi'i holds this view as well. This position is supported by the reasoning that the debt's location is the person's liability, and it only becomes attached to the estate. Therefore, the heirs have the choice to settle the debt from the estate or from other property, similar to a pledge or a convicted felon's assets. Furthermore, the creditors are not obligated to provide maintenance for the deceased's slaves, nor does the increase (namaa') of the estate belong to them. The estate must pass to someone, and it cannot pass to the creditors, remain with the deceased (as he is no longer capable of ownership), or belong to no one (as it is owned property). Thus, it must transfer to the heirs.
Supporting text
Abu Hanifa holds that if the debt encompasses the entire estate, the transfer to the heirs is prevented. If the debt does not encompass the estate, then the transfer of the non-encumbered portion is not prevented. Abu Sa'id al-Istakhri suggests that the transfer is prevented only to the extent of the debt. Ahmad also indicated something similar in a case where four sons inherited a house with debt; when one son offered to pay his share to keep the property, Ahmad stated the house belonged to the creditors until the debt was paid, suggesting non-transfer to the heirs until the debt is settled.