Saturday, November 18, 2017 - 29 Safar 1439

Subscribe to our mail list

Home » Fatwas » Society & Family » Inheritance

I treated my late wife who died in a hospital in Germany from my own money. Is it permissible to take the money I spent on her treatment from her estate before its distribution if she was well off?

I treated my late wife who died in a hospital in Germany from my own money. Is it permissible to take the money I spent on her treatment from her estate before its distribution if she was well off?

Answer

It is established in Islamic law that inheritance is distributed after settling debts and executing bequests; paying off debts takes precedence over other rights related to the estate. As long as the money you have spent on your wife's treatment was not by way of donation, it is considered a debt. And by her death, it becomes obligatory to settle the debt from her estate before its distribution and the execution of any bequests.
The ruling
Based on the above, you are legally entitled to take the money you spent on your wife's treatment from her estate before its division.

And God the Almighty knows best.
 

Related links
» Can a Muslim inherit from his/her non-Muslim family?
» Is it permissible for a father to give a large portion of his property to only one of his children?
» Inheriting through a binding will
» Sons inheriting without having any knowledge about Islam
» Can women receive equal inheritance shares like men?