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Is the money remaining after the father's death, as well as the death grant and funeral expenses disbursed to the mother, a right of the heirs, or does it belong solely to the mother, and must she return what was spent on the funeral and condolence from this money to be distributed among the heirs?

1 min readAlso available in العربية

1. The remaining portion of the father's wealth is to be divided among the heirs according to Islamic law, with the mother's share being one-eighth.

2. Regarding the pension disbursed to the mother after the father's death: If it is a grant from the state or the employer, then it belongs to the person designated by the granting entity. If it represents financial entitlements of the father, then it is to be divided among the heirs.

3. Funeral expenses (preparation costs) are to be taken from the estate before its division among the heirs. These expenses take precedence over the rights of the heirs and the debts of the deceased.

4. Condolence expenses are not permissible under Islamic law and should not be taken from the estate unless all heirs give their permission. If there is a minor or an incompetent heir, then the person who spent the money is absolutely liable for their share.

5. It is not possible to rule on what was spent on "court papers and health offices" due to the lack of clarity regarding what is meant.

6. Regarding the grant disbursed by the insurance company in the mother's name for death and funeral expenses: If these are rights of the father, they are to be divided among the heirs. If it is a grant to the mother, she is not obligated to return it to the estate. The son must return what he spent on condolences without the permission of the heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy