Does the debt fall away from the children if one of them swears that their deceased mother has forgiven them, knowing that this son has sworn falsely before?
Firstly: Religion is not one of the impediments to inheritance. These impediments are slavery, murder, and difference in religion.
Secondly: The claim of the debtors that the deceased absolved them is not acceptable except with legitimate proof or the ratification of the heirs, based on the Prophet's (peace and blessings be upon him) saying: "If people were given [what they claimed] based on their mere claims, then some people would claim the blood and property of [other] men, but the oath is upon the one who is accused."
Thirdly: The testimony of the son and sister, who are debtors, that their mother absolved them is not legally acceptable because they are drawing benefit to themselves.
Fourthly: The evidence that proves the existence of funds is by [the testimony of] a man and two women, or a man and the plaintiff's oath. Otherwise, the heirs have the right to demand [payment from] the debtors.
Fifthly: In case of disagreement and dispute, the matter should be referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 194085
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy