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What is the ruling on the sister of the deceased husband relinquishing her debt to her deceased brother, and the ruling on taking money from insurance policies before settling the debts of the deceased, and is the wife sinful if she agrees to that?

1 min readAlso available in العربية

First: The sister's waiver of the debt is valid, and by it the husband's debt is absolved, and she cannot retract it, for what is relinquished does not return.

Second: The brother can claim back from the heirs what he paid of his brother's debt if he did not pay it as a donation. He should be reimbursed from the entire estate, not just from the wife's share.

Third: If the compensation amount is from the deceased's entitlements, then it is part of the inheritance and is to be divided among all his heirs, with the wife's share being one-eighth as a fixed portion (fard). The deceased's family cannot prevent her from her right. If the compensation is a gift, then it is disbursed according to what the granting entity specified.

Fourth: There is no sin upon the wife for waiving her rights and for her silence regarding her husband's mother taking the compensation before the debt was paid. These are her rights; she may claim them or leave them.

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Source platform
Ftawy
Original fatwa ID
133381
Imported
Translation status
Source text, unreviewed
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