A vow to spend his share of his wife's inheritance for her, but he married and needed the amount
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Fatwa number ( 4705 )
Q: I was previously married to a wife who was ill, and Allah took her away three years after our marriage. My wife inherited, along with her brothers, what their father left them. Part of this inheritance consisted of real estate, shops, and similar assets. The father willed that it not be divided among his sons, but rather that its annual income be distributed among the heirs according to the legal shares. As for the land he left, he permitted them to divide it. When my wife passed away, I inherited half of her share, whether in the land or in the annual income from the real estate, shops, and similar assets. The problem or issue lies in the fact that after her death, I vowed to dispose of all that I receive from this inheritance to be a continuous charity for the soul of my wife, and after a period following her death, I resolved to marry again. I disposed of the inheritance I received for the first year following my wife's death, and I resolved to accumulate it and add it to the funds that would come to me from the inheritance thereafter, since I was about to get married, which, as you know, requires expenses and the like.
My question is: Is my vow valid, and therefore must I continue to give in charity what comes to me annually, as well as give in charity the amount I took in the first year and did not give away? Or is my vow not valid, and in this case, is it permissible for me to dispose of the money that comes to me?
A: If the situation is as you described and your ownership of what you claimed is established, then your vow is valid regarding what you own, and you are obligated to fulfill your vow. This is based on what is established from A'ishah (may Allah be pleased with her), that the Messenger of Allah (peace and blessings be upon him) said:Sunan Ibn Majah 2126Sahih (Darussalam) narrated by al-Bukhari, and if your ownership of what you mentioned is not established, then your vow is not valid, and you are not obligated to fulfill it. This is based on what is established from the Prophet (peace and blessings be upon him) that he said: Sunan Abi Dawud 3313Sahih (Al-Albani) narrated by Abu Dawud with a chain meeting the criteria of al-Bukhari and Muslim . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I was previously married to a wife who was ill, and Allah took her away three years after our marriage. My wife inherited, along with her brothers, what their father left them. Part of this inheritance consisted of real estate, shops, and similar assets. The father willed that it not be divided among his sons, but rather that its annual income be distributed among the heirs according to the legal shares. As for the land he left, he permitted them to divide it. When my wife passed away, I inherited half of her share, whether in the land or in the annual income from the real estate, shops, and similar assets. The problem or issue lies in the fact that after her death, I vowed to dispose of all that I receive from this inheritance to be a continuous charity for the soul of my wife, and after a period following her death, I resolved to marry again. I disposed of the inheritance I received for the first year following my wife's death, and I resolved to accumulate it and add it to the funds that would come to me from the inheritance thereafter, since I was about to get married, which, as you know, requires expenses and the like.
My question is: Is my vow valid, and therefore must I continue to give in charity what comes to me annually, as well as give in charity the amount I took in the first year and did not give away? Or is my vow not valid, and in this case, is it permissible for me to dispose of the money that comes to me?
A: If the situation is as you described and your ownership of what you claimed is established, then your vow is valid regarding what you own, and you are obligated to fulfill your vow. This is based on what is established from A'ishah (may Allah be pleased with her), that the Messenger of Allah (peace and blessings be upon him) said:
Whoever vows to obey Allah, let him obey Him, and whoever vows to disobey Allah, let him not disobey Him.
من نذر أن يطيع الله فليطعه، ومن نذر أن يعصي الله فلا يعصهfor a vow to do an act of disobedience to Allah must not be fulfilled, neither must one do something over which a human being has no control.
لا وفاء لنذر في معصية الله، ولا فيما لا يملك ابن آدم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.