Al-Kafi 9343

Translation

Humeyd Bin Ziyad, from Al Hassan Bin Muhammad, from Ibn Mahboub, from Ibn Raib, from Zurara who said, ‘I asked Abu Ja’far^asws about a man who died and left debts upon him, and left a slave for whom was some wealth in the business, and a son, and in the hands of the slave was the wealth, and merchandise, and upon him were debts which the slave had incurred during the lifetime of his master in his business, and the inheritors and the creditors of the deceased disputed regarding what was in the hands of the slave, from the wealth and the merchandise, and regarding the neck (ownership) of the slave’. So he^asws said: ‘I^asws view that there is no way for the inheritors upon the neck of the slave, nor upon what is in his hands from the merchandise and the wealth, except if they assume responsibility of the debts of the creditors altogether, then the slave and whatever in his hands from the wealth would be for the inheritors. But, if they were to refuse, the slave and whatever is in his hand would be for the creditors. The slave would be evaluated along with whatever is in his hands from the wealth, then that would be distributed between then with proportionately. So, if the price of the slave and whatever is his hands from the wealth is insufficient for the creditors, they can return upon the inheritors with regards to what remains for them, if the deceased had left anything (else)’. And if there was excess from the price of the slave and whatever was in his hands, from the creditors, it would be returned upon the inheritors’.

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