Settlement of Debts of the Aged and Deceased
60. When the debtor has children.—At the same time that the wealth of the family is apportioned to the children, account is taken of the debts owed by the family. The debts may or may not be individually apportioned among the children. If the eldest child inherits or receives any property, the obligation of primogeniture holds as to the debts; that is to say, he is responsible for the payment of a greater proportion of them. Otherwise all the children are equally responsible. There are many cases in which the debts that are handed down by an Ifugao’s parents greatly exceed the property handed down.
Children who receive no family property are not responsible for the payment of the debts of the parents, provided there be a child or children that do receive family property. The apportionment of the debts of the deceased must be in proportion to the amount of property received. If none receive family property, all are responsible for payment.
61. When the debtor is childless but leaves a spouse.—A spouse is responsible only for those debts incurred in behalf of the couple’s mutual interests: for example, debts incurred in obtaining animals for sacrifice in case of sickness of the children of the couple, or for sacrifice at the funeral feasts of the children, or for the purchase of rice fields or other joint possessions of the spouses. A spouse may not be held for debts incurred in the purchase of animals for sacrifice at the funeral feast of a member of the other’s family (except for the pig and death blanket due from her family in such cases), nor for debts incurred in paying fines or indemnities levied as a result of the other’s misdoing. A spouse may not even be held for debts incurred in providing sacrifices to secure the recovery of her husband from sickness (except for the pig due as stated under section 13; however, this pig is really her own obligation).
62. Debts for which the kin of the deceased are held.—When a debtor dies childless, the kin who inherit, if there be such, must pay debts that were incurred on behalf of their family. They are, too, jointly responsible with the wife, for these debts incurred on behalf of the debtor’s descendants. If there be nothing inherited, all the kin are responsible for these debts in proportion to nearness of the kinship.
It is a matter of doubt as to whether a man’s kin or his spouse can be held for his gambling debts. Such debts are purely personal, and are about the only debts that an Ifugao contracts in his own selfish interest. The Ifugaos did not gamble heavily, at least not before the coming of the Spaniards; since their coming, custom in this matter has not had time to crystallize.
63. Attitude toward debts.—A debt is a sacred thing to an Ifugao. The non-payment of a debt is disgraceful. The non-collection is still more disgraceful, for the presumption is that a man who does not collect from his creditors cannot do so. If he cannot collect his debts, it must be because he is a coward. In the babbling that prevails about the rice-wine jar when tongues are loosened, one who has debts long outstanding that other men would collect, hears things not calculated to tickle his pride.