What should a wife whose husband has passed away do concerning the utensils her husband took from a confiscated villa belonging to the state? Should she break them, or donate their value in charity, and how is this value to be estimated?
The husband erred by taking utensils belonging to an individual or to the state. He must repent and return what he took. The wife must return the utensils to their place, and it is not permissible for her to break them. If returning them is difficult, or if it is highly probable that returning them would lead to a greater harm, then she should make them a public utility for Muslims, or sell them and donate their price as charity. If the villa was confiscated unjustly, the utensils should be returned to their owner. If the owner or his heirs cannot be reached, then they should be given as charity or their price should be donated on his behalf. If ill-gotten gains cannot be returned to their owner, they should be spent on the general welfare of Muslims, or given as charity to the poor. If the ill-gotten gains are from the hand of a ruler who will not return them to the owner, they should be given as charity on behalf of the owner. If one fears harm from the ruler, then they should be given as charity to the most needy people.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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