Claims from the estate for past contributions

 

Nasihah (Advice): Less wealth means easier reckoning

 

Muhammad ibn Labid reported that Rasulullah (sallallahu alayhi wa sallam) said, “Two things are hated by the son of Adam. He hates death, although it is better for the believer than tribulation, and he hates to have little wealth, although it means his reckoning will be easier.” [Musnad Ahmad]

______________________________

 

Question and Answer:

 

  1. Q. A widow has 2 brothers that do not support her, and 2 daughters who are not earning/working. She does not have sufficient funds to completely cover her monthly expenses so her 2 sons-in-law pay the difference. Upon her passing, can the sons-in-law be paid out their contribution from the sale of her home before the heirs receive their shares?

 

(Question published as received)

 

  1. It will not be permitted to claim from the estate unless it is stipulated that she is taking loans from them.

 

If the sons-in-law wish to be paid back, then henceforth, they should make an agreement that they are loaning her money and not gifting it to her and she must accept that accordingly. Previous contributions already received cannot be converted into a loan even by agreement. (Qamoosul Fiqh 3/445)

 

And Allah Ta’ala Knows Best

 

Mufti Moosa Salie

Mufti Taahir Hansa

 

(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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