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Can the wife of the deceased use money from the estate of the deceased?

 

Nasihah (Advice): Adopting leniency in transactions

 

Sayyiduna Huzaifah Radhiyallahu Anhu reports: “A servant from amongst the servants of Allah was brought to Him whom Allah had endowed with wealth. Allah asked him: “What (did you do) in the world?” (The narrator says, “They will not be able to conceal anything from Allah.”) The person replied: “O my Lord, You endowed me with Your wealth. I used to enter into transactions with people. It was my nature to be lenient to (my debtors). I showed leniency to the solvent and gave respite to the insolvent.” Thereupon Allah said: “We are more worthy of such actions, so overlook the sins of my servant.” (Sahih Muslim)

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Question and Answer:

 

  1. The wife of the deceased used some money of the deceased after he passed away to build a well on his name and gave some to their grandchildren. Can the wife do this? If not, will it be subtracted from the share of the wife?

 

(Question published as received)

 

  1. A) All assets belonging to the deceased form part of their estate and must be distributed amongst all their heirs. No heir of the deceased has the unilateral authority to make use of any of the assets of the deceased without the consent of all the heirs of the deceased.

 

Therefore, if the wife of the deceased built a well as a means of reward for the deceased or gave monies to the grandchildren of the deceased from the deceased’s wealth/estate, the monies used without the consent of all the surviving heirs must be returned to the estate of the deceased or deducted from the share of the wife from the estate unless all the heirs of the deceased approve of the wife’s usage of the said monies.

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

 

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