Does the money the wife took in exchange for renting the remaining period of the shop fall under inheritance, or is it permissible for her to dispose of it as charity on behalf of the deceased?
The majority of jurists hold that a lease contract is not terminated by the death of one of the contracting parties (the lessor or the lessee). Rather, it remains valid until the expiration of the agreed-upon term, and the heirs of the deceased stand in the place of their predecessor. The estate of the lessor owns the property itself but not its usufruct, while the heirs of the lessee own only the usufruct of the property. Accordingly, the money the wife received for renting out the shop belongs to all the heirs and must be distributed among them like the rest of the inheritance. She is not permitted to dispose of it except with the permission of the other heirs.
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