Seadet-i Ebediyye - Endless Bliss Sixth Fascicle

wasî, on the other hand, would be accredited to sell only the child’s
movable property, and then it could only be sold to others. If the
wasî is a person appointed by the dying person, he will also be
accredited to sell the child’s property to himself at a fifty-per-cent
profit. Yet a wasî appointed by the judge of lawcourt will by no
means be accredited to buy the property. Yet he will be accredited
to sell the (deceased’s) movable property for the nafaqa of his
orphans. The wasî cannot sell the deceased’s building(s) or landed
property despite the existence of movable property in the ‘taraka’
for the purpose of the deceased’s deyn (debt). Nor can he sell any
property in excess of the deyn.
If one of the inheritors pay a debt of the dead person he may
collect it from the ‘taraka’. If the dead person’s inheritors pay the
dead person’s debts, the creditors (of the dead person) cannot
demand that the debts be paid from the ‘taraka’ (property left
behind by the dead person). When the debts are in excess of the
‘taraka’, the inheritors cannot say, “We will save the ‘taraka’ by
paying the amount of debt equal to the value of the ‘taraka’. A
person who is not one of the inheritors cannot pay all the debts and
then exact the goods in the ‘taraka’ from the creditors by force.
If the debt is in excess of the ‘taraka’, and if the ‘dâyin’, i.e. the
gharîm, i.e. the creditor is only one person, all the ‘taraka’ will be
given to him. If there are more than one creditors, the ‘taraka’ will
be divided and each creditor will be given an amount in proportion
to the debt owed to him. A debt due to a waqf takes no priority
over the others. If, after the division and distribution of the debts,
another creditor appears, the entire division and distribution will
be rearranged. The inheritors cannot be forced to pay the dead
person’s debts from their personal property.
There are just two things whose separation
Will scourge all, with no one an exception;
Eyes that shed blood would fail to pay their rights:
Young age; and brother by religious rights!
– 214 –