What is the ruling on a disposition made by an heir when a pre-existing right must still be settled?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the heir disposes of the estate and subsequently, a right established against the deceased is settled from other funds, the heir's prior disposition (sale or mortgage) becomes fully effective (Nafidh). If the debt remains unsettled, the disposition is subject to rescission (Faskh). This principle also applies if the heir disposes of the property and later the property is returned to the estate due to a defect discovered in something the deceased sold, or if a new liability attaches to the estate, such as liability arising from an animal or person falling into a well dug by the deceased on someone else's land after the death.