Is the mother obligated to distribute the price of the necklace bequeathed by her grandmother, to cover funeral and condolence expenses, among the deceased sons and daughters of her maternal uncles and aunts, or can she dispose of it herself, especially since she is her grandmother's sole heir?
If someone pays the burial expenses as a debt to be taken from the price of the necklace, then the necklace is sold and the price is paid to him, and the remainder is divided among the heirs. As for condolence expenses, it is not permissible to spend from the price of the necklace on them without the permission of the heirs, because the money is theirs and spending from it without their permission is an infringement on their right. If the grandmother died leaving one daughter and nephews, her daughter gets half after paying the debt, and her nephews get the remainder if they are full siblings or paternal siblings. If their whereabouts are unknown, their share remains a trust until it is possible to deliver it to them. As for nieces, daughters of brothers, and maternal nephews, they are not among the heirs.
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- Ftawy
- Original fatwa ID
- 94518
- Imported
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- Source text, unreviewed
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