between the creditors of current debts, and the deferred [debt] remains as a liability until the time it becomes due. If the creditors do not divide [the assets] before the debt becomes due, he shares with the creditors, just as if a new debt were incurred by the insolvent person due to his offense (jinayah). If he reaches some of the property before its division, he shares in it with them, and he claims a share based on his entire debt, while the other creditors claim their shares based on the remainder of their debts. If we say that the debt becomes due, then he claims [a share] with the creditors based on his debt, like others among the creditors of current debts. As for if he dies and has deferred debts upon him, do they become due upon death? There are two narrations regarding this: One of them is that they do not become due if the heirs provide security. This is the view of Ibn Sirin, Abdullah ibn al-Hasan, Ishaq, and Abu 'Ubayd. Tawus, Abu Bakr ibn Muhammad, al-Zuhri, and Sa'd ibn Ibrahim said: The debt [remains] until its term. This is also narrated from al-Hasan. The other narration is that it becomes due upon death. This is the view of al-Sha'bi, al-Nakha'i, Siwar, Malik, al-Thawri, al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y); because it must either remain as a liability of the deceased, or [of] the heirs, or become attached to the property. It is not permissible for it to remain as a liability of the deceased due to his liability being destroyed and the impossibility of demanding it from him, nor [as a liability of] the heirs, because they did not assume it, nor did the creditor consent to their liabilities, which are varying and distinct. It is not permissible to attach it to the assets and defer it, because that is harmful to the deceased and the creditor, and there is no benefit for the heirs in it. As for the deceased, it is because the Prophet (peace and blessings of Allah be upon him) said: "The soul of the believer is attached to his debt until it is paid off for him." As for the creditor, his right is delayed, and the asset might be destroyed, causing his right to be lost. As for the heirs, they do not benefit from the assets nor do they have the right to dispose of them, and if a benefit were to result for them, the portion of the deceased and the creditor would not be invalidated for the sake of their benefit. Our argument is what we mentioned regarding the insolvent person, and because death was not established as a nullifier of rights, but rather it is a timing for succession and a sign of inheritance. The Prophet (peace and blessings of Allah be upon him) said: "Whoever leaves behind a right or property, it is for his heirs." What they mentioned is establishing a ruling based on public interest (maslahah mursalah), and there is no witness from the Shari'ah to support this consideration, and there is no disagreement regarding the invalidity of this. Therefore, the debt remains as a liability of the deceased as it was, and it attaches to the substance of his property just like the attachment of the rights of creditors to the property of an insolvent person upon interdiction. If the heirs wish to pay the debt and assume it towards the creditor, and [then] dispose of the property, they may not do so, unless the creditor is satisfied or they secure the right with a solvent guarantor or a pledge he trusts for the fulfillment of his right, for they might not be solvent and the creditor might not be satisfied with them, which would lead to the loss of the right. The Qadi mentioned that the right transfers to the liabilities of the heirs upon the death of their testator, without it being a condition that they assume it. It is not appropriate for a person to be held liable for a debt they did not assume nor cause. If it were binding upon them due to the death of their testator, it would be binding upon them even if he did not leave behind enough to cover it. If we say that the debt becomes due upon death, and the heirs wish to pay it from outside the estate to retain the estate, they may do so, and if they pay from it, they may...