The Ruling on a Testator Writing a Waiver of His Debts Owed to People in His Will
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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 what is waived, and while he is alive, he does not contradict it. As for if he dies with debts, his wealth is what is waived. If he dies, his wealth is what is waived, and the debts become the responsibility of the heirs, and he has no knowledge of them, unless he calculated them from the one-third. If he calculated them from the one-third, then it is obligatory. As for what exceeds the one-third, it is the responsibility of the heirs, and he has no right to interfere with 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 what is waived, and while he is alive, he does not contradict it. As for if he dies with debts, his wealth is what is waived. If he dies, his wealth is what is waived, and the debts become the responsibility of the heirs, and he has no knowledge of them, unless he calculated them from the one-third. If he calculated them from the one-third, then it is obligatory. As for what exceeds the one-third, it is the responsibility of the heirs, and he has no right to interfere with it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب النكاح - 1 — islamhouse.com (28:14)
The Arabic text is a machine transcription of the audio recording.