Fatwa ID: 05262

Answered by: Mufti Mohammed Tosir Miah

Question

Just a few days ago a woman who is 41 years old, her husband who was 23 years older than her died of cancer. She has 3 children. the eldest could finish 2 A levels and was not able to take the 3rd A level exam and he has to go to university next year after the 3rd A level. The second son has done GCSE and just started A level. third is a 5 years old daughter. They live in rented small house paid by the council as Husband was unemployed for a long time and never had a proper job.

They were making their ends meet by catering or doing very small jobs which were not regular. So, at the funeral, he had a £3000 loan from a bank which bank right off for help. Someone said to the widow you must return this loan to the bank otherwise the loan on your husband will be a sin on your husband.

His best friend came and paid £4000 for the funeral and the Mosque topped it up by paying £2000 for the funeral. The government paid the backdated dues for the care she did for her husband for the whole year as he didn’t want to go to hospital and was bedridden for 5 months.

People are coming and telling her to return mosque money as it is zakat and cannot be spent on the funeral. Please clear this young widow’s mind. Allah is very Raheem.

These two young boys are her future who needs to go to University. They are hard-working. Already the eldest started small jobs and tuition to save some money for his studies.No one knows driving in this house of a widow.

Can this woman go to drop and pick her daughter from school in her iddat?

In the name of Allah, the Most Gracious, the Most Merciful

Answer

• The loan that was given from the bank will not have to be paid back as it was forgiven on their behalf. Similarly, the money given by his friend will also not have to be paid back on the condition that it was gifted. However, the money given from the Masjid as zakat must be paid back as it is not permissible to give zakat to a deceased person. Making a living person the owner of wealth is a condition of zakat. [1]

• It will be permissible for her to take her daughter to and from school if no other family members are available to carry out this duty. However, spending time away from the home more than which is necessary will not be permissible.

Only Allah Ta’ala knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 [1]

إذاأرادأنيكفنميتاعنزكاةمالهلايجوز (والحيلةفيهأنيتصدقبهاعلىفقيرمنأهلالميت)،ثمهويكفنبهالميتفيكونلهثوابالصدقةولأهلالميتثوابالتكفين

الفتاويالهنديةج٦/ ص ٣٩٢, المكتبةالشاملة