this, and if they refuse to pay, the judge shall sell from the estate enough to satisfy the debt. If an insolvent person dies and has creditors, some of whose debts are deferred and some are immediate, and we say that deferred debts become immediate upon death, they shall be equal in the estate and divide it in proportion to their debts. If we say they do not become immediate upon death, we examine the matter: if the heirs provide security for the holder of the deferred debt, the holders of the immediate debts take priority regarding the estate. If the heirs refuse to provide security, his debt becomes immediate, and he shares with the holders of the immediate debts, so as not to lead to the invalidation of his debt in its entirety.

Section: Some of our colleagues discussed the case of a person who dies while having a debt: does the debt prevent the transfer of the estate to the heirs? There are two narrations. One is that it does not prevent it, because of the [Prophetic] report, and because the attachment of debt to property does not eliminate ownership, as is the case with the offender, the pledger, and the insolvent; therefore, it does not prevent its transfer. If the heirs dispose of the estate by sale or otherwise, their disposal is valid, and they are obligated to pay the debt. If the payment is rendered impossible, their disposal is annulled, as if the master had sold his offending slave, or [sold] the threshold (nisab) on which Zakat became obligatory. The second narration is that it does prevent the transfer of the estate to them, due to the saying of Allah the Almighty: "after any bequest he may make or debt" (Surah An-Nisa, 11). Thus, He designated the estate for the heir after the debt and the bequest, so ownership is not established for them before these two. According to this, if the heirs were to dispose of it, their disposal would not be valid because they disposed of what they did not own, unless the creditors authorize them. And if the creditors were to dispose of it, it would not be valid except with the permission of the heirs.

804 - Issue: He said: (And everything the insolvent person does with his property before the judge interdicts him is valid).

He means before the judge places him under interdiction. We shall begin by mentioning the cause of the interdiction, and we say: If a man who has a debt is brought before the judge, and his creditors ask the judge to interdict him, he shall not grant their request until their debts are proven by his admission or by evidence. Once they are proven, he examines his property. If it is sufficient for his debt,