Is the husband obligated to prepare his wife for burial if she dies?
Machine translationRead the Arabic original
The questioner : In her estate, he takes without compensation.
The Shaykh : Yes, this is separate from him; he has no share in it. It is separate, and therefore her wealth is independent. If the husband wanted, for example, to benefit from her wealth during her lifetime, could he?
The questioner : He does not have ... .
The Shaykh : He does not have that right.
The questioner : Shaykh, if it were said that this is not among Islamic morals ...
The Shaykh : This is a matter of ... for example, chivalry is a thing. If it were said, for example, that this is your wife who has been with you for fifty years, and the result is that you say, "I cannot prepare her for burial," perhaps it would be said that this is contrary to chivalry. But if a man has no chivalry, some men say, "I will spend on her only as long as I enjoy her, but now, what do I have to do with her?"
The questioner : Shall we not at least elevate this to a recommended practice, Shaykh?
The Shaykh : No, let us leave aside the recommended practice and the obligation, because the matter also concerns the right of the heirs. If we say that he is obligated to prepare her for burial, the money is preserved for the heirs. And if we say it is from her money, the money is reduced for the heirs. So, the recommended practice is one thing, and the obligation is another. Yes?
The questioner : ... .
The Shaykh : Come on, who is the reader?
The questioner : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon the master of the messengers. The author (may Allah have mercy on him) says in the chapter of conditions, the conditions of the marriage contract: "And if she was stipulated to be a Muslim woman and then it was found that she is a People of the Book, or if she was stipulated to be a virgin, or beautiful, or a relative, or if a defect was denied and then it was found to be contrary to that, the marriage is not annulled, but he has the option to annul it. And if she is freed while under a free man, she has no option, nor does she have an option while under a slave."
The Shaykh : Yes.
The Shaykh : Yes, this is separate from him; he has no share in it. It is separate, and therefore her wealth is independent. If the husband wanted, for example, to benefit from her wealth during her lifetime, could he?
The questioner : He does not have ... .
The Shaykh : He does not have that right.
The questioner : Shaykh, if it were said that this is not among Islamic morals ...
The Shaykh : This is a matter of ... for example, chivalry is a thing. If it were said, for example, that this is your wife who has been with you for fifty years, and the result is that you say, "I cannot prepare her for burial," perhaps it would be said that this is contrary to chivalry. But if a man has no chivalry, some men say, "I will spend on her only as long as I enjoy her, but now, what do I have to do with her?"
The questioner : Shall we not at least elevate this to a recommended practice, Shaykh?
The Shaykh : No, let us leave aside the recommended practice and the obligation, because the matter also concerns the right of the heirs. If we say that he is obligated to prepare her for burial, the money is preserved for the heirs. And if we say it is from her money, the money is reduced for the heirs. So, the recommended practice is one thing, and the obligation is another. Yes?
The questioner : ... .
The Shaykh : Come on, who is the reader?
The questioner : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon the master of the messengers. The author (may Allah have mercy on him) says in the chapter of conditions, the conditions of the marriage contract: "And if she was stipulated to be a Muslim woman and then it was found that she is a People of the Book, or if she was stipulated to be a virgin, or beautiful, or a relative, or if a defect was denied and then it was found to be contrary to that, the marriage is not annulled, but he has the option to annul it. And if she is freed while under a free man, she has no option, nor does she have an option while under a slave."
The Shaykh : Yes.