Is it permissible for a father whose son has died to refrain from paying a debt he owes his son on the grounds that he is his heir, knowing that he has taken his share of the inheritance?
Scholars have differed on the issue of an heir's demanding from their father a debt owed to their deceased kin, just as they have differed on a son's demanding a debt from his father. The majority of scholars hold that a son has the right to demand the debt, but the father should not be imprisoned for his son's debt. However, the relied-upon view among the Hanbalis is that neither the son nor his heirs have the right to demand the debt from the father. If what the father took from his son's money falls under his (the father's) needs, it does not become an obligation upon him. Otherwise, he is obligated to repay it so that it can be distributed among the heirs.
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- 50331
- Imported
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