QUESTION:
1. My grandfather passed away last Friday, 8 Safar 1445, corresponding with the 25 August 2023, at approximately 10:25 am. I understand that Iddah is 4 months and 10 days for a widow. How do we calculate when her Iddah will end?
2. My grandmother is 87 lunar years old, and lives alone with her son. She usually spends a few days every month at one of her daughters. Would it be permissible for her to move in with one of her daughters now that her Iddah has already started, if she finds it difficult at home?
3. My grandfather did not have a will. How do we go about estimating how many Qadhaa salah he had?
4. If a person agreed on a transaction but the seller did not receive the money and the buyer did not receive the goods, thereafter the buyer passes away, how will this matter be resolved?
5. If one had uncollected grant money from the government and then passes away, who inherits this money?
6. If a Muslim earned his wealth from Haram sources like music and now passes away, what should be done with his estate?
ANSWER:
1. The Iddah will end on the 2nd of January at 10.25am.
2. If her needs are taken care of in a satisfactory manner while she is at her son, then she should complete her Iddah there. She doesn’t have a valid reason to move elsewhere.
3.The heirs are not obligated to pay for any outstanding religious obligations since the Marhoom did not leave a record of missed Salaah, fasts, etc.
4. If the proposal and acceptance took place, then the transaction is concluded between the two parties. The heirs will have to pay for the goods from the estate and take possession of the goods. These goods will form part of the deceased’s estate. If the heirs have no need for the goods, then the seller can be requested to cancel the transaction.
5. The money will form part of the estate and will have to be distributed amongst the heirs in accordance to Shariah.
6. It is not permissible for the heirs of the Marhoom to benefit from the money which the Marhoom earned from a Haraam source. It should be given out in charity without any intention of reward. Yes, the remaining wealth which was acquired from Halaal sources can be used.
أخذه مورثه رشوة أو ظلما، إن علم ذلك بعينه لا يحل له أخذه، وإلا فله أخذه حكما أما في الديانة فيتصدق به بنية إرضاء الخصماء اهـ. والحاصل أنه إن علم أرباب الأموال وجب رده عليهم، وإلا فإن علم عين الحرام لا يحل له ويتصدق به بنية صاحبه، وإن كان مالا مختلطا مجتمعا من الحرام ولا يعلم أربابه ولا شيئا منه بعينه حل له حكما، والأحسن ديانة التنزه عنه …قال هناك بعد ذكره ما هنا لكن في المجتبى: مات وكسبه حرام فالميراث حلال، ثم رمز وقال: لا نأخذ بهذه الرواية، وهو حرام مطلقا على الورثة فتنبه (الدر المختار و حاشية ابن عابدين 5/99)
Re: – Fataawa Mahmoodiyya Vol.30 Pg.174 / Fataawa Ibaadur Rahmaan Vol.10 Pg.173 / Ahsanul Fataawa Vol.9 pg.309
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date:- 14 Safar 1445 / 31 August 2023
