Are we, as children of the deceased, obligated to pay the debts that our father asked his friend to settle from the amount he owed him, especially given that our father instructed his friend not to inform us of this?
If it is established through evidence or admission that your deceased father's friend owes him a debt, then he must pay it to the heirs. His claim that the deceased instructed him to pay off debts to others from this amount is not to be considered unless there is legitimate evidence, such as the testimony of two witnesses or the known handwriting of the deceased. Some jurists, in addition to evidence, hold that the claimant must take an oath in court.
Therefore, the heirs are not obliged to accept the father's friend's statement; rather, he is only required to pay his debt. However, if they predominantly believe his truthfulness and trust him, there is no harm. It is permissible to ask the claimant about the debtors to verify the claims. If they are proven by evidence, then they must be paid from the deceased's estate. The same applies if the claimant's truthfulness is predominantly believed, even if not proven by evidence. If the claimant does not provide evidence and refuses to take an oath, he is not obliged to pay, unless the heir trusts his truthfulness, in which case the heir must pay it from his share of the inheritance.
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- Ftawy
- Original fatwa ID
- 29933
- Imported
- Translation status
- Source text, unreviewed
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