Who owns the increase (Namaa') of the estate after the owner's death?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the estate increases, such as a house appreciating in value, date palms bearing fruit, or livestock bearing young, this increase belongs solely to the heir. The creditors' right does not attach to it because it is the increase of the heir's property, analogous to the earnings of a convicted felon.
Supporting text
There is an alternative opinion suggesting that the creditors' rights attach to the increase, similar to the increase on mortgaged property. Those who favor the first opinion argue that the attachment of rights to a pledge is stronger because it is established by the owner's choice and consent, which is why transactions involving it are restricted. This estate increase is established without the owner's consent, and transactions are not restricted, making it more analogous to the felon's earnings. According to the second ruling, the increase of the estate follows the ruling of the estate itself, including necessary expenses.