He Took His Wife's Money and Then Bequeathed it to Her After His Death

He Took His Wife's Money and Then Bequeathed it to Her After His Death


Question :

This man, during his life, took the rightful property of his wife and devoured it, then at the time of his death, he bequeathed to her some cubits of land which he owned as recompense for what he had taken during his life. Is this permissible or not?


Answer:

If the rightful property of his wife which he took during his life is confirmed as being his liability, then the cubits of land which he bequeathed to his wife from his property as recompense for what he had taken from her during his life is permissible, if the value of what he bequeathed to her is equivalent to the right which is confirmed in his liabilities, and it is from the original sum of the legacy, not from the third.


Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 67-68

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