—the testator—concerning some money: he owes me such-and-such an amount.”

The executor mentioned this to the testator, who said: “If anyone makes a claim against me after my death, have him swear an oath and pay him without requiring evidence.” Is the executor permitted—or obliged—to do this upon the claimant’s oath?

He answered:

Yes. The executor must pay this claimant what he claims if he swears to it, whether or not it falls within one-third of the estate. If it falls within the one-third, then, at worst, the testator would be making a voluntary gift by authorizing this payment.

If someone makes a bequest to a particular person conditional upon his performing some act, or to an unspecified person meeting a given description, both bequests are valid by agreement of the imams. They do not dispute the validity of a bequest involving something unspecified, nor have they disputed the validity of an acknowledgment involving something unspecified. Thus, no one should doubt that the payment must be made if it falls within the one-third. Doubt might arise only where it exceeds the one-third.

The unquestionably correct view is that this payment must be made from the estate as a whole, because debts take precedence over bequests. These words signify that the oath is to be transferred to the claimant and that whatever he swears to is to be paid. But is transferring the oath equivalent to an acknowledgment or to evidence? Scholars hold two views on this.

If it is regarded as equivalent to an acknowledgment, then this constitutes an acknowledgment in the claimant’s favor. At most, it is an acknowledgment by description or with an unspecified element; both forms of acknowledgment are valid by scholarly agreement. Moreover, an acknowledgment in favor of this particular person is not an acknowledgment in favor of someone unspecified, for his case prompted the general wording, and the case that prompts general wording is certainly included within its intended scope. It is as though the testator had said: “If this particular person swears to what he claims, give it to him.” A condition of this kind is permissible by scholarly agreement and must be carried out. And if