Is the mortgaging or selling of an estate encumbered by the deceased's debt valid for the heir?

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The mortgaging or selling of the deceased's estate by the heir is valid in one of the two established opinions. This ruling is based on the principle that the heir's action constituted a disposition over property that had legally devolved to them, and it did not involve attaching a right to it that was contingent upon their own prior choice. This is analogous to the ruling concerning an apostate's property disposition. Furthermore, any right established against the estate without the heir's own initiation, such as Zakat or liability for a tort (Jinayah), does not prevent the validity of the disposition (mortgage or sale). If the debt is settled from other funds after the disposition, the mortgage remains valid. If the debt is not settled, the creditors have the right to seize the property because their right predates the heir's disposition, similar to the ruling regarding liability for a tort.