Must a son prove his deceased father left an estate when claiming a debt from the father?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a son claims a debt against his father, the claim is not heard unless the son claims that his father has died and left property in his possession. This is because a son is not obligated to pay his father's debts unless this condition is met.
Supporting text
The established view, stated by the Qadi, is that the son needs to specify his father's estate, document it, and state its amount, similar to specifying the debt amount. The sounder opinion requires the son to specify three things: documenting his debt, the death of his father, and that he received from the father's estate sufficient to cover his debt. If he claims the estate covers only part of the debt, he must specify that amount.