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Recovering the amount spent on the uncle during his illness from his estate.

Inheritance,Inheritance,Recovering the amount spent on the uncle during his illness from his estate.

Fatwa No :
82613
| Date :
0000-00-00

Fatwa No : 82613
Recovering the amount spent on the uncle during his illness from his estate.
معاملات / ترکات / احکام وراثت

Recovering the amount spent on the uncle during his illness from his estate.

What do the esteemed scholars and respected Muftis say regarding the following issue: My uncle passed away. Before his death, he spent approximately four months in the hospital. During that time, I personally bore all the expenses from my own money. I spent about 110,000 rupees in total from my personal funds. Additionally, for about four months, my taxi remained at his service and was not used for earning, due to which I lost daily income. Based on an average of 1,000 rupees per day, what is the ruling regarding this total amount? Can I recover these amounts from his estate? Kindly guide me with the ruling of Shari‘ah. I shall be grateful.

الجوابُ حامِدا ًو مُصلیِّا ً

In the case mentioned, if the questioner had made an agreement with his uncle or any of his adult children at the time that the expenses he was incurring were being given as a loan, and if he had also informed them that the use of the taxi was on a rental basis, then it is permissible for him to now demand repayment or recover the amount from the deceased’s estate. However, if no such agreement was made, then all these expenditures and services will be considered as voluntary acts of kindness and generosity from the questioner, and it is not permissible for him to demand anything in return. That said, if the uncle’s children wish to cooperate with him in appreciation of his services, they are allowed to do so voluntarily.

مأخَذُ الفَتوی

کمافی الھندیۃ: وعاریۃ کل شیئ یجوز قرضہ قرض اھ(3/207)۔
وفیہ ایضاً: واذا فسد العقد لجھالۃ المسمیٰ او لانعدام المسمیٰ یجب اجر المثل بالغاً مابلغ اھ(4/444)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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