What is the validity of the statement: “If the public treasury is not sufficient, the surplus of the inheritance of the heirs other than the spouses is returned to them”?
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Question:
He says: Honorable Shaykh, may Allah grant you success. The distinguished scholar Shaykh Abd al-Rahman ibn Fahd (may Allah have mercy on him) holds that it is returned to the spouses, and he supported this in his books. This is the opinion of some of the Hanafis if the public treasury is not sufficient. He asks: Do we consider this issue a matter of scholarly disagreement?
Answer:
No, this is an anomalous opinion, and it is not acted upon. Yes.
He says: Honorable Shaykh, may Allah grant you success. The distinguished scholar Shaykh Abd al-Rahman ibn Fahd (may Allah have mercy on him) holds that it is returned to the spouses, and he supported this in his books. This is the opinion of some of the Hanafis if the public treasury is not sufficient. He asks: Do we consider this issue a matter of scholarly disagreement?
Answer:
No, this is an anomalous opinion, and it is not acted upon. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1690 -2802] ما صحة القول: (إذا لم ينتظم بيت المال يردّ على أهل الفرض غير الزّوجين ما فضل عن إرثهم)؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.