Khums: Using a Deceased’s Estate Before Paying Khums — What’s the Ruling for Heirs and Guests?

Practical Laws of Islam as per the teachings of Imam Khamenei

Khums: Using a Deceased’s Estate Before Paying Khums — What’s the Ruling for Heirs and Guests?

English:

Question #860:

While he was alive, a person recorded in his diary the amount of khums he owed and he was determined to pay it. After his death, his entire family, with the exception of one daughter, refused to pay the due khums, and they are using the estate for their own use and the deceased’s expenses, as well as other things. Please explain your opinion regarding the following matters:

i. What is the rule concerning the right of the son-in-law or one of the heirs to use the deceased’s movable and immovable assets?

ii. Is it permissible for his son-in-law or any of the heirs to eat food at the house of the deceased?

iii. What is the rule regarding the money spent and food eaten by the said persons previously?

Answer #860:

If the deceased has provided in the will that a part of his property is to be paid for khums or the heirs are certain that the deceased owed an amount of khums, they are not permitted to use the estate before they carry out the deceased’s will, pay the khums he owed, or seriously determine to settle the khums debt and execute the will without carelessness. Their use of the estate before fulfilling the will or paying off his debts in proportion to the amount of the will or debt is considered usurpation and they are liable in regard to their past use.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Khums