Wednesday, April 17, 2024
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Salary and income after death, widow and in-laws

Fatwaa ID: 1853

Question:
A man passed away, left behind a wife, parents, and 4 children, 2 of whom are orphans (9 and 2 years old).
The deceased had left behind a property that is on rental.

  1. The salary of the deceased that was given after he passed on, does it form part of his estate?
    If yes, then can that money be used for household expenditure?
  2. The rental income that comes from the property, can that be used to pay the rent for the place they are staying in? Or does that have to be divided according to the rightful shares?
  3. The widow has always stayed with her in-laws, and her mother in laws aunt who is not in her normal senses.
    Does she have an obligation after her eddat to still look after them, serve them as they have alot of demands, and the house is always full of other relatives as well..

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. The salary of the deceased that was given after his demise will form part of his estate.
    The share of each heir is different. Hence, it would not be appropriate to use the salary payment for household expenditures jointly and equally. Furthermore, mutual agreement would not be possible considering the minors.
  2. The rental income will form part of the estate and must be divided according to the rightful shares. It cannot be used to pay the rent unless it divided and thereafter individually contributed.
  3. It is not an obligation on the wife to serve her in-laws during her husband’s lifetime nor thereafter. If she does so voluntarily, then she will be rewarded for her kindness. In the enquired situation, she has no obligations towards them after her ‘iddah. However, she should maintain a cordial and loving relationship with them.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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