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Summary
Yahya said Malik said about a man who dies leaving a debt that he is owed by one witness, and he owes debts to people who have one witness, while his heirs refuse to swear for their rights with their witness. Malik said: the creditors swear and take their rights. If something remains over, the heirs have no share of it, because the oaths were offered to them before and they refused them; unless they say they know of no surplus for their companion, and it is known they left the oaths for that reason. I think they should swear and take what remains after his debt. 1
Place in the museum
Belongs to the Muwatta, Book of Judgments. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on testimony (shahada) and judgment (qada).
Connections
- Part of
- Muwatta, Book of Judgements (aqdiya)
- Mentions
- Yahya ibn Yahya al-Laythi· Malik ibn Anas
- Basis for
- The shahada· judgement (qada')
People and things also explored
Muwatta 2105· Muwatta 2108· Muwatta 2111· Muwatta 2126· Muwatta, Book of Judgements (aqdiya)· Muwatta 2103· Muwatta 2104· Muwatta 2106
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.267
Cite this page
islam.museum contributors. “Muwatta 2123”. islam.museum, https://islam.museum/en/passage/muwatta-22-2123/. CC BY-SA 4.0. Last updated 2026-10-17.