He replied:
If the guardian finds them to be of sound judgment, their property is to be handed over to them. He does not need witnesses; rather, he acknowledges their sound judgment and hands their property over to them. This is permissible without the judge’s permission, although he may have it formally established before the judge. And Allah knows best.
He was asked:
An executor paid a debt on behalf of the testator without having it established before a judge, and made a settlement on behalf of an absent person at less than fair value. May the heirs rescind this?
He replied:
The executor may not pay an alleged debt without legally valid evidence, nor merely on the claimant’s assertion; otherwise, he is liable for the payment. Nor may he transfer property in settlement except at fair value. If he transfers it for less than its value by a margin beyond what people ordinarily tolerate in transactions, he must either make good the shortfall in the heirs’ entitlement or rescind the settlement and pay the creditor his due.
Legally valid evidence takes several forms: an acknowledgment by the deceased, or by someone whose acknowledgment is binding upon him, such as his agent acknowledging something within the scope of his authorization. This includes the ruler’s administration and his household steward. Other forms include a witness whose testimony is accompanied by the claimant’s oath, the deceased’s handwriting when it is known to be his, and other such evidence.
He was asked:
A Christian died, leaving an estate and a will. Debts owed by him came to light, some recorded in documents and others not. May the executor pay the creditors without having their claims established before a judge?