What is the ruling of the Shari'a on the estate of a deceased wife who contributed to building her husband's house with inherited money and gold that was not returned to her, knowing that her children also contributed to building this house from their private funds, and they want to reclaim their mother's rights and their own rights before their father marries another woman?

Counsel the children to observe their father's rights and to treat him kindly, and not to be obstinate in their demands, as their father's marriage is a natural and legitimate need, and it does not harm them or diminish their mother's memory after her death.

Firstly: Any gold or money given by the wife to her husband and claimed by her during her lifetime is considered a debt upon the husband. Her children have the right to claim it after her death. He is not obligated to give a part of the house in exchange for the debt; rather, the gold must be returned as gold, and the money as money.

Secondly: The children's contribution to building the house: If it was given as a gesture of kindness and filial piety, without the intention of demanding it back, then they do not have the right to claim it now. If it was given with the intention of purchase, then they are partners in the house proportional to their contribution. If it was given with the intention of claiming it back in the future, then they have that right.

Thirdly: Children demanding a debt from their father: The majority of scholars (Abu Hanifa, Malik, Al-Shafi'i) permit a child to demand a debt from their father. The Hanbalis hold that it is not permissible to demand it, and that the meaning of not demanding it is to prevent enforcement against him, not to prevent litigation and proving the right before a judge. A father is not imprisoned for his child's debt according to the majority.