He replied:
If the deceased customarily recorded what he owed people in a ledger or similar record, and had a scribe who recorded his liabilities and the like with his permission, reference should be made to the records in his own handwriting or that of his agent. Any recorded debt bearing no indication of payment is equivalent to an acknowledgment by the deceased. In such matters, writing has the same standing as speech. An agent’s acknowledgment concerning matters within his authority is admissible, whether made orally or in his authenticated handwriting. However, the creditor must swear to his entitlement or that the debtor’s liability has not been discharged, just as he would if the debt were established by an oral acknowledgment. As for giving a claimant what he claims merely on his own assertion, when nothing distinguishes his claim from anyone else’s, this is not permissible. And Allah knows best.
He—may Allah Most High have mercy on him—was asked:
Concerning an executor or someone in a similar position: some of the executor’s property is held jointly by him and an executor appointed over him, and the ward has a share in it. The co-owners sell their shares, or rent the property for the executor, and the guardian needs to sell the orphan’s share or lease it out along with theirs. May the executor purchase it?
He replied:
He may purchase it, because the co-owners are not suspected of improper dealing when selling their own shares. Moreover, when the co-owners designate the executor, he rather than anyone else becomes the designated party in respect of the orphan’s share, which is necessarily included. The underlying rationale supports this. Allah Most High says:
“If you mix your affairs with theirs, they are your brothers. Allah knows the one who causes corruption from the one who puts things right.”