Fatwa No : 82621
Receiving a Husband's Pension by a Divorced Woman

Receiving a Husband's Pension by a Divorced Woman

What do the esteemed Muftis say regarding the following issue: Zaid, who used to receive a pension from the bank, divorced his wife Hindah one year before his death. After Zaid’s death, Hindah continued receiving his pension, as the bank was unaware of the divorce. The questions are: Is it permissible for Hindah (the divorced wife) to receive Zaid’s pension from the bank? What is the ruling regarding the pension amount she has already received over the past year? Should she return it to the bank? Should she keep it herself? Should she give it to Zaid’s son? If it is necessary to return the amount to the bank, would that ruling still apply if Hindah is poor and in need?

الجوابُ حامِدا ًو مُصلیِّا ً

Although the pension amount is generally treated by the issuing company as a gift or grant for a person nominated by the employee—typically from among his dependents—the following applies in the case in question: The deceased (Zaid) divorced his wife (Hindah) one year before his death. Once her ‘iddah period ended, her legal and marital relationship with the deceased also ended. Therefore, she is not entitled to receive his pension after his death. As for the amount she has already received unlawfully, it is obligatory upon her to return it to the rightful heirs of the deceased—unless all of them are sane, adult heirs and willingly forgive her, in which case they have the right to do so. For the future, only the rightful heirs of the deceased are entitled to the pension (if applicable). If Hindah is financially poor and in need, and the bank chooses to waive the recovered amount and distribute it to the heirs from its own funds, it is permissible for the bank to do so, and it is encouraged to act accordingly.