for that purpose—for example, by receiving payment from him and then returning it to him without any genuine settlement of the debt. If he is insolvent, he must be granted a respite. An unqualified oath is understood to apply when one is able to fulfil it, not when one is unable. And Allah knows best.
He was asked:
A man died leaving a vineyard and a house, with a debt equal to the entire value of that property. His heirs include a wife, a daughter, and the ruler . . . (1) The creditors asked the heirs to sell the property. Are the heirs obliged to sell it, or must the judge do so?
He replied:
If the heirs sell it and pay the debt from the proceeds, that is permissible. If they hand it over to the creditors, who sell it and recover their debts, that is permissible. If they ask the judge to appoint a trustworthy person to handle the matter for them, that is permissible. If they themselves appoint a trustworthy person to handle it, that is permissible. Once the heirs hand the property over to the creditors, they are not obliged to undertake the sale themselves. And Allah knows best.