Question ID: 24186
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As salaam mu alaikum
Dear Mufti
I am seeking your advice regarding inheritance.
My Husband was married and had a son from the marriage. They divorced 4 years later.
The wife moved away to Malaysia. My husband married me after 2 years of the divorce.
We have a son from my marriage. In the seventh year of our marriage the ex wife moved back to South Africa and had my husband arrested for not paying the maintainance. My husband was not in a position to pay any money as he was unemployed.
I worked and maintained the household also paying the rent to my inlaws. We had experienced a lot of setbacks as my husband owed money to creditors. Some of my husbands belongings was attached by the sheriff of the court including the vechicle of which we had 1 month instalment left to pay. I had sacrificed a lot to repay this money and lost. My in laws wanted the rent money that was due to them as we owed them 2 years rent. I managed to arrange to pay them back for the full amount that was due to them.
I worked all the time as my husband did not want to look for work. After 17 years of marriage we divorced. We still kept in touch because of my Son. My son was all that he had and was very close to him. The other son did not spend any time with his father. My Husband ended up in hospital and was close to death as the doctors had given up on him, we contacted his son to let him know. He in turn mentioned that he is not available and that we must carry on with our lives and wished us well. My husband was discharged from hospital and went into itikaaf as it was Ramadaan. He received a phone call on the last 10 days of Ramadaan to start work and was employed until the time of his death. We again tried to get hold of the son and again he did not come for his fathers funeral. We have not heard from him since. The last we heard that he was in Cape Town at a rehabilitation for drug addicts. I know he has had this problem previously.
He is older than my son. I am trying to sort out the estate for my son. My son wants me to move back into the house with him as he feels that he wants to look after me. He started work and is not earning a lot as he is working on a part time basis. I am still working.
My question is how do we compensate the first child as I do not have the money to give his half of the estate. Do I take out a bond for his share? Or do I make arrangements to pay him off monthly. If I move back will this be righ?
I just want to do what is right and according to the laws of Shariah.
Jazakallah

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Asked on May 5, 2011 6:23 pm
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Private answer
Move back. Evaluate his share. Pay it out in installments.
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Answered on May 5, 2011 6:23 pm