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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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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?

Machine translationRead the Arabic original
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:
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 فخذه
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.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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