Is the gold that the second wife claims the husband sold considered a debt that must be paid from the estate, despite the absence of evidence or witnesses to the validity of her claim?
Disputes can only be resolved through the judiciary, as it holds the final word. However, generally, the debts of the deceased are paid from their estate before its division. If the estate has been divided and then an encompassing debt emerges, the heirs must pay it; otherwise, the division is annulled, because debt takes precedence over inheritance.
The debt must be proven by evidence, or an admission from the deceased, or the heirs' ratification for the claimant. If a right against the deceased is proven due to non-maintenance or for his second wife, the heirs must pay it from the entire estate, not from the share of a specific heir.
If what the second wife claims is proven, it must be paid to her from the deceased's estate, and it shall be taken proportionally from each heir's share; otherwise, the previous division is revoked.
Similarly, the second wife must pay your share and your children's shares from the estate. The matter should be referred to the courts for a ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100886
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 100886
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy