If there is a husband who has a debt, while he cannot pay because the effort failed, then the wife gets an inheritance. Does the wife have to pay off her husband's debt?
Answer:
Bismillah was shalatu was greeting ‘ala Rasulillah, wa ba’du,
The wife, regardless of the amount of her property, is not obliged to bear her husband's living. Because the wife's property is purely owned by the wife.
Allah affirmed that his wife's property was his property, and no one was allowed to take it except with his wife's willingness. The conclusion of this conclusion is the verse about dowry,
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
"Give the dowry (dowry) to the woman (whom you marry) as a gift with full willingness. Then if they give you some of the dowry happily, then eat (take) the gift (as food) which is delicious again the good result. "(QS. An-Nisa: 4)
In Fatawa Syabakah Islamiyah the interpretation of this verse is explained,
والآية الكريمة علقت جواز أخذ مال الزوجة على أن يكون بطيب النفس وهو أبلغ من مجرد الإذن, فإن المرأة قد تتلفظ بالهبة والهدية ونحو ذلك بسبب ضغط الزوج عليها مع عدم رضاها بإعطائه, وعلم من هذا أن المعتبر في تحليل مال الزوجة إنما هو أن يكون بطيب النفس
The verse above explains that the husband may take the wife's property if accompanied by willingness. And willingness is more than just permission. Because sometimes there are women who grant or give away their property or something, due to the pressure of the husband to him. So that it is given without willingness. It is concluded from here, that the reference to the halal property of the wife is the willingness of the heart. (Fatawa Syabakah Islamiyah, no. 32280)
If the dowry, which is derived from the husband given to his wife, may not be enjoyed by the husband except for the willingness of his wife, then other assets that are purely owned by the wife, such as the wife's income or inheritance from his wife, must not be enjoyed by her husband except for wife's willingness too.
Thus, the wife is not obliged to bear the husband's debt. Because the wife is not obliged to provide for her husband.
So, Allahu 'alam.
Answer:
Bismillah was shalatu was greeting ‘ala Rasulillah, wa ba’du,
The wife, regardless of the amount of her property, is not obliged to bear her husband's living. Because the wife's property is purely owned by the wife.
Allah affirmed that his wife's property was his property, and no one was allowed to take it except with his wife's willingness. The conclusion of this conclusion is the verse about dowry,
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
"Give the dowry (dowry) to the woman (whom you marry) as a gift with full willingness. Then if they give you some of the dowry happily, then eat (take) the gift (as food) which is delicious again the good result. "(QS. An-Nisa: 4)
In Fatawa Syabakah Islamiyah the interpretation of this verse is explained,
والآية الكريمة علقت جواز أخذ مال الزوجة على أن يكون بطيب النفس وهو أبلغ من مجرد الإذن, فإن المرأة قد تتلفظ بالهبة والهدية ونحو ذلك بسبب ضغط الزوج عليها مع عدم رضاها بإعطائه, وعلم من هذا أن المعتبر في تحليل مال الزوجة إنما هو أن يكون بطيب النفس
The verse above explains that the husband may take the wife's property if accompanied by willingness. And willingness is more than just permission. Because sometimes there are women who grant or give away their property or something, due to the pressure of the husband to him. So that it is given without willingness. It is concluded from here, that the reference to the halal property of the wife is the willingness of the heart. (Fatawa Syabakah Islamiyah, no. 32280)
If the dowry, which is derived from the husband given to his wife, may not be enjoyed by the husband except for the willingness of his wife, then other assets that are purely owned by the wife, such as the wife's income or inheritance from his wife, must not be enjoyed by her husband except for wife's willingness too.
Thus, the wife is not obliged to bear the husband's debt. Because the wife is not obliged to provide for her husband.
So, Allahu 'alam.
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