If he gave his wife a sum, if it was a loan, he must return it, and if it was a gift, he may keep it
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The first question of Fatwa number ( 18519 )
Q1: I had a wife, and some needs came upon us, and she helped me with some of her personal money, which was a sum of thirty Saudi silver riyals, during the period of silver, and a dispute occurred between me and her family, and as a result of that, I divorced her after she had given birth to a daughter, and after the waiting period, she married another man
and gave birth to a son from him, then she passed away. So, is the sum that she gave me of her own accord and did not demand from me before her death considered a debt? And am I obligated to give it to her heirs or not? Since she did not show me any permission before her death, and I assumed that it was a gift from her and assistance for me, since it was not clear to me from her whether it was a debt or a gift, and she left behind a son, a daughter, and a mother. Please rule on this, may Allah reward you.
A1: If your wife paid you the money as a voluntary contribution to assist you, then you owe nothing. And if she paid it to you as a loan, then it is obligatory for you to return it to her heirs; because it is a debt in your trust for her, which transfers to her heirs after her death. And if you are in doubt about whether it was a gift or a loan, the safest course for you is to return it to her heirs; due to the saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 5711Sahih (Darussalam) , and his saying (peace and blessings be upon him): Bulugh al-Maram 16:32 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I had a wife, and some needs came upon us, and she helped me with some of her personal money, which was a sum of thirty Saudi silver riyals, during the period of silver, and a dispute occurred between me and her family, and as a result of that, I divorced her after she had given birth to a daughter, and after the waiting period, she married another man
and gave birth to a son from him, then she passed away. So, is the sum that she gave me of her own accord and did not demand from me before her death considered a debt? And am I obligated to give it to her heirs or not? Since she did not show me any permission before her death, and I assumed that it was a gift from her and assistance for me, since it was not clear to me from her whether it was a debt or a gift, and she left behind a son, a daughter, and a mother. Please rule on this, may Allah reward you.
A1: If your wife paid you the money as a voluntary contribution to assist you, then you owe nothing. And if she paid it to you as a loan, then it is obligatory for you to return it to her heirs; because it is a debt in your trust for her, which transfers to her heirs after her death. And if you are in doubt about whether it was a gift or a loan, the safest course for you is to return it to her heirs; due to the saying of the Prophet (peace and blessings be upon him):
Leave that which makes you doubt for that which does not make you doubt.
دع ما يريبك إلى ما لا يريبكSo he, who saves himself from these doubtful things, saves his religion and his honor
من اتقى الشبهات فقد استبرأ لدينه وعرضه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.