What is the ruling on the admission of debt by an heir according to Hammad and the People of Opinion?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 4 · Bab 1

Open in Qurani

Primary text

Hammad and the People of Opinion (Ashab Al-Ra'y) hold that the heir is only bound by the debt to the extent of his own inherited portion that he admitted to.

Supporting text

This view is also attributed to Al-Sha'bi. According to this position, the testimony of the admitting heir concerning the debt should not be accepted because his testimony secures a benefit for himself, specifically the remission of a portion of what he admitted to owing.