موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب الأقضيةBook: On the Explanation of Judges
بَابُ الْقَضَاءِ فِيمَنْ هَلَكَ وَلَهُ دَيْنٌ ، وَعَلَيْهِ دَيْنٌ لَهُ ، فِيهِ شَاهِدٌ وَاحِدٌRuling on one who dies owing and being owed, with one witness
Hadith Q1422
Imam Malik, may Allah have mercy on him, said that if a person dies and he owes debts to people, each with one witness, and each debt is owed to a different person, each with one witness, and the heirs refuse to take an oath, then the creditors may take an oath and receive their debts. If anything remains, it will not go to the heirs, because by refusing to take an oath, they have relinquished their right. However, if the heirs say that they did not know anything would remain from the debt, and that is why they did not take an oath, and the judge becomes aware that this was indeed the reason the heirs did not take an oath, then in this case, the heirs may take an oath and receive whatever wealth remains.
