A man died leaving behind a woman who was pregnant with a daughter, then she married another man, and the first husband had submitted a proposal to the state requesting a stipend. Is it permissible for her to request the stipend?
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The questioner : He says: A man died leaving behind a woman who was pregnant, and she gave birth to a daughter after his death. After a period of time, the woman married another man. The first husband had submitted a proposal requesting a stipend. After a long time from the death of the first man and the woman's marriage, the stipend came. The question is: Does the woman inherit from the aforementioned money or not?
The Shaykh : I will answer the part of this question that concerns me, which is the request for a stipend. Is it permissible for a person to submit a request to the government for a stipend, or is it not permissible? The answer is: It is not permissible unless he is in need, based on the saying of the Prophet (peace and blessings be upon him) to the Commander of the Faithful, 'Umar ibn al-Khattab:Sahih Muslim 1045a This indicates that asking is not permissible. Therefore, it is not permissible for a person to submit a request to the government to pay him something, whether a stipend or otherwise, unless he is in need. Otherwise, he should refrain from it. As for whether the daughter whose father died while she was in the womb has a right to it or not, that is a matter for the courts, not for a fatwa. May we meet, if Allah wills, after the Maghrib prayer in this place.
The questioner : I did not understand.
The Shaykh : I will give you the understanding. May Allah bless you. Go to the court. Go to the court, and whatever they rule, if Allah wills, is good.
The questioner : ... But did it happen at that time? May Allah reward you with good.
The Shaykh : Yes, but only I...
The questioner : I do not know if this is the third time regarding the stipend. By Allah, you do not know.
The Shaykh : It is for the court, the judge, the court.
The Shaykh : I will answer the part of this question that concerns me, which is the request for a stipend. Is it permissible for a person to submit a request to the government for a stipend, or is it not permissible? The answer is: It is not permissible unless he is in need, based on the saying of the Prophet (peace and blessings be upon him) to the Commander of the Faithful, 'Umar ibn al-Khattab:
out of this wealth which comes to you without your being avaricious and without begging
ما جاءك من هذا المال وأنت غير مشرف ولا سائل فخذهThe questioner : I did not understand.
The Shaykh : I will give you the understanding. May Allah bless you. Go to the court. Go to the court, and whatever they rule, if Allah wills, is good.
The questioner : ... But did it happen at that time? May Allah reward you with good.
The Shaykh : Yes, but only I...
The questioner : I do not know if this is the third time regarding the stipend. By Allah, you do not know.
The Shaykh : It is for the court, the judge, the court.
