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Hausa
Unsettled debts on the estate
Question
My wife passed away in Germany where she was receiving treatment in one of the institutions there. I covered the expenses of her treatment from my own money though not by way of donation. Please note that she was well off. Is it permissible for me to take the money I have spent on her treatment from her estate before dividing it?
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 becomes a debt. And by her death, it becomes obligatory to settle the debt from her estate before dividing the estate and executing any bequests.
The ruling
Based on the above, you are legally entitled to take the money you have spent on your wife's treatment from her estate before its division.
Allah the Almighty knows best.
