What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.
What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.
It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.
What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj, Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.
Is it permissible to divide a single Sa‘ of Zakat al-Fitr—or its equivalent value in cash—among more than one poor person?
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
Zakat al-Fitr is estimated at one Sa‘ per person, but the number of people to whom this Sa‘ can be given has not been specified. For this reason, it is permissible to distribute a single Sa‘ among more than one poor person. And Allah the Exalted knows best.
