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Subject : When a Husband Passes away, should the Furniture of his House be Divided between his Heirs?

Fatwa Number : 266

Date : 19-05-2009

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa


Question :

When a husband passes away, is his house`s furniture the right of his wife who has no children or should it be sold and the money divided between the heirs?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

As far as the division of the house furniture in the event of husband`s death is concerned, the following situations must be taken into consideration:

1-If it is agreed that the house furniture is part of the bridal dower, the wife had paid for it from her own money or it was gifted to her from her family, relatives or husband, then it is hers and can`t be divided between the heirs.

2-If it belongs to the husband and it wasn`t written in the marriage contract that it is part of the bridal dower; rather, the husband bought it for his house to be used by him and his wife without intending to make a possession of hers-maybe this what is most probable-, then it belongs to the husband. In this case, the furniture becomes part of his estate and must be divided between his heirs according to the Islamic rules of inheritance. However, if the heirs agree on a different arrangement, then it should be fulfilled.

If the spouses (while alive) conflicted over the house furniture where each claimed that it is his or-after their death-their heirs conflicted over it, then it belongs to the party that produces conclusive evidence that the furniture belongs to it. However, if none produced evidence to support their claim then the furniture is to be divided in half where heirs from both sides share that furniture regardless of whether it included women's or men`s items. For more information, you may check the books {Al-Majmou`, V.20:203} and {Nehayat al-Mohtaj, V.16:33}. And Allah the Almighty knows best. 

 






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