What is the obligation regarding a man who died without clarifying that he owed a debt to his wife?
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Question:
The first message in this episode is from the listener Umm Ahmad al-Hafi from Dammam. We addressed some of her questions in a previous episode, and in this episode, she has a number of remaining questions. In her question, she says: A man invested his wife's money along with his own money, and she was somewhat content with this. His wife used to ask him to write her something in the real estate proportional to her money, so that she would be assured that her money would not go to the heirs after his death. But her husband used to say to her: "This money—meaning his money plus her money—is for you and your children after me." He passed away before writing her anything proportional to her money. Does he have any accountability for that? And what is the obligation of the heirs regarding this matter? May Allah reward you with good.
Answer:
In the name of Allah, praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The obligation upon the husband—if he has money belonging to his wife—is to write that down and to clarify it in a fixed document; so that it is safe for her after his death, if he dies. He must clarify it while he is healthy; so that his conscience is cleared. If he dies and does not clarify it, it becomes obligatory upon the heirs to pay her right from the principal of the estate, like the other creditors, if that is established by evidence, or if they concede it to her and give it to her and believe her, if they are guided and of legal age.
It is not permissible for the husband, or anyone else—if there is a debt in his conscience owed to someone—to remain silent and neglect it; so that rights are lost. Indeed, this is a great danger and a great injustice from which one must beware. It is obligatory upon every person who has a right belonging to another—whether he is a husband or not a husband, or a wife, or otherwise—to clarify it and write the debt in a Shari'ah document at the court, or with a known scribe whose writing is accepted; so that the right is paid to its owner, if Allah decrees death before the settlement.
It is obligatory upon the heirs to give this woman her right, if that is established with them. If it is not established with them, then nothing is upon them, and Allah will compensate her for it. Her husband did wrong and engaged in what is not permissible for him. She has the choice if she permits it and forgives him; then she has her reward. If she does not forgive, she will be given her right on the Day of Resurrection, and nothing will be lost for her.
So, you, O sister in Allah, the one asking: if you permit it and absolve your husband, may Allah reward you with good. And if you do not permit it, and they do not give you your right—meaning the heirs—then the matter is left to Allah, and the reckoning is between you and Him with Allah . Allah is the One to be sought for help. Yes.
The presenter: Allah is the Helper. May Allah reward you with good.
The first message in this episode is from the listener Umm Ahmad al-Hafi from Dammam. We addressed some of her questions in a previous episode, and in this episode, she has a number of remaining questions. In her question, she says: A man invested his wife's money along with his own money, and she was somewhat content with this. His wife used to ask him to write her something in the real estate proportional to her money, so that she would be assured that her money would not go to the heirs after his death. But her husband used to say to her: "This money—meaning his money plus her money—is for you and your children after me." He passed away before writing her anything proportional to her money. Does he have any accountability for that? And what is the obligation of the heirs regarding this matter? May Allah reward you with good.
Answer:
In the name of Allah, praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The obligation upon the husband—if he has money belonging to his wife—is to write that down and to clarify it in a fixed document; so that it is safe for her after his death, if he dies. He must clarify it while he is healthy; so that his conscience is cleared. If he dies and does not clarify it, it becomes obligatory upon the heirs to pay her right from the principal of the estate, like the other creditors, if that is established by evidence, or if they concede it to her and give it to her and believe her, if they are guided and of legal age.
It is not permissible for the husband, or anyone else—if there is a debt in his conscience owed to someone—to remain silent and neglect it; so that rights are lost. Indeed, this is a great danger and a great injustice from which one must beware. It is obligatory upon every person who has a right belonging to another—whether he is a husband or not a husband, or a wife, or otherwise—to clarify it and write the debt in a Shari'ah document at the court, or with a known scribe whose writing is accepted; so that the right is paid to its owner, if Allah decrees death before the settlement.
It is obligatory upon the heirs to give this woman her right, if that is established with them. If it is not established with them, then nothing is upon them, and Allah will compensate her for it. Her husband did wrong and engaged in what is not permissible for him. She has the choice if she permits it and forgives him; then she has her reward. If she does not forgive, she will be given her right on the Day of Resurrection, and nothing will be lost for her.
So, you, O sister in Allah, the one asking: if you permit it and absolve your husband, may Allah reward you with good. And if you do not permit it, and they do not give you your right—meaning the heirs—then the matter is left to Allah, and the reckoning is between you and Him with Allah . Allah is the One to be sought for help. Yes.
The presenter: Allah is the Helper. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.