A man died after having insured himself with an insurance company; is it permissible for the wife to take this money?
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The questioner : A woman inherited from her husband, after his death, money from an insurance company that her husband had used to insure himself. What is the ruling regarding this money? Of course, this is forbidden in the first place, but what is the ruling on this money as far as she is concerned?
The Shaykh : Yes, here is my answer, following the scholars' approach, in two aspects: the legal ruling (fatwa) and scrupulousness (taqwa). As for the legal ruling, this money is lawful for her because she is his heir, and the liability lies with the deceased, just as if this money had been illicitly gained, such as from selling intoxicants or the like, and then the one who gained this money died and left it to his heirs; it is lawful for them, while it was forbidden for him. This is the legal ruling. As for scrupulousness, it requires some calculation, if that is possible; otherwise, we revert to the legal ruling. The calculation required is that she should try to determine the amounts the deceased paid to the insurance company. For example, suppose the deceased died and the insurance company paid out ten thousand, while he had paid them an amount each year that totaled five thousand at the company. If he paid the company five thousand, it is not lawful for him to take ten thousand. If the heirs, or one of them, can determine the amount this insured person paid for his life insurance, then the amount paid by the deceased is the lawful money, and the excess is like usury (riba). I say "like usury," not "usury," because I stated earlier that this is the deceased's money. However, out of scrupulousness, the heirs take the other five thousand but do not benefit from it personally; rather, they spend it on public facilities. For example, a man might have been involved in depositing his money in a bank based on the fatwas of some lenient scholars, and then it became clear to him that it is forbidden for him to deposit money in a bank in the first place, and that the money given to him in the name of interest is usury and forbidden. So he stopped, repented to Allah, and withdrew the money he had deposited in the bank; but the bank gives him the money along with the usury they have agreed upon.
The Shaykh : Yes, here is my answer, following the scholars' approach, in two aspects: the legal ruling (fatwa) and scrupulousness (taqwa). As for the legal ruling, this money is lawful for her because she is his heir, and the liability lies with the deceased, just as if this money had been illicitly gained, such as from selling intoxicants or the like, and then the one who gained this money died and left it to his heirs; it is lawful for them, while it was forbidden for him. This is the legal ruling. As for scrupulousness, it requires some calculation, if that is possible; otherwise, we revert to the legal ruling. The calculation required is that she should try to determine the amounts the deceased paid to the insurance company. For example, suppose the deceased died and the insurance company paid out ten thousand, while he had paid them an amount each year that totaled five thousand at the company. If he paid the company five thousand, it is not lawful for him to take ten thousand. If the heirs, or one of them, can determine the amount this insured person paid for his life insurance, then the amount paid by the deceased is the lawful money, and the excess is like usury (riba). I say "like usury," not "usury," because I stated earlier that this is the deceased's money. However, out of scrupulousness, the heirs take the other five thousand but do not benefit from it personally; rather, they spend it on public facilities. For example, a man might have been involved in depositing his money in a bank based on the fatwas of some lenient scholars, and then it became clear to him that it is forbidden for him to deposit money in a bank in the first place, and that the money given to him in the name of interest is usury and forbidden. So he stopped, repented to Allah, and withdrew the money he had deposited in the bank; but the bank gives him the money along with the usury they have agreed upon.
Source
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