The Ruling on a Testator Writing a Waiver of His Debts in His Will
Machine translationRead the Arabic original
Question:
Honorable Shaykh, is it permissible for the testator to write in his will that he is waiving all the debts that people owe him?
Answer:
No. If he dies, his wealth is not waived; while he is alive, he does not contradict it. As for if he dies, the debts are his wealth, and he waives them. If he dies, his wealth is waived, and the debts become a record, and he has no knowledge of them, unless he is calculating them from the one-third. If he is calculating them from the one-third, there is no harm. As for what exceeds the one-third, it is a benefit, and he has no right to waive it. Yes.
Honorable Shaykh, is it permissible for the testator to write in his will that he is waiving all the debts that people owe him?
Answer:
No. If he dies, his wealth is not waived; while he is alive, he does not contradict it. As for if he dies, the debts are his wealth, and he waives them. If he dies, his wealth is waived, and the debts become a record, and he has no knowledge of them, unless he is calculating them from the one-third. If he is calculating them from the one-third, there is no harm. As for what exceeds the one-third, it is a benefit, and he has no right to waive it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 118 من 175 /شرح بلوغ المرام/النكاح/أحاديث في النكاح/صالح الفوزان/الحديث/كبار العلماء — youtube.com (28:31)
The Arabic text is a machine transcription of the audio recording.
