What is the ruling on the actions of a wife who claims to have paid for the treatment costs of her deceased husband and demands reimbursement from the heirs, and does she have a debt owed to her by them before the division of the inheritance, especially after the appearance of a handwritten apartment ownership contract that raises suspicions?
The wife's claim regarding the money she spent from her own wealth on her husband's treatment does not necessitate belief, except with evidence, especially when there is doubt and suspicion. The document by which she claims ownership of the apartment is invalid if it is in the form of a bequest after his death, for a bequest to an heir is void unless the other heirs permit it. And even if it were an immediate transfer of ownership, it would not be complete without her taking possession and holding it before his death. The husband's gift of his dwelling to his wife is a matter of dispute among jurists. The method for a woman to take possession of a house if her husband gifts it to her, according to those who permit it, is for him to empty the house of his belongings and leave it to her. It is not permissible for a husband to gift his dwelling house to his wife according to the Malikis. The Shafi'is held that the gifted house must be free of the belongings of anyone other than the donee. Matters of dispute cannot be settled remotely; rather, they must be brought before the Sharia court.
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