Paying the funeral expenses should be made from the money left behind by the deceased. If any one of the inheritors offers to pay for the funeral from his own money as a charity, he should not ask the other inheritors to reimburse that money. If he considers it a loan to be paid by the inheritors, he can ask for that money. Sheikh `Abdul-Bari Az-Zamzami, a member of the Moroccan Scholars’ Association, states: “There is a consensus among scholars that the wealth left behind by the deceased should not be distributed among his heirs before paying for the funeral and all outstanding loans or debts. The will of the deceased should be followed very strictly unless it is against the laws of Allah. If one of the inheritors offered to pay for the funeral from his own money and considered it as Sadaqah (charity), then he does not have the right to ask the other inheritors to reimburse that money. The Prophet (peace and blessings be upon him) is reported to have said: “He who takes back his charity is like a dog which vomits, and then returns to that and eats it.” However, if one pays for the funeral and considers it a loan to be paid by the inheritors and wants to take it from the wealth of the deceased, then he has the right to ask for that money before the wealth is distributed among them. As for the limits that should be considered while preparing a funeral, this should include washing, shrouding the deceased and burying him. Any extra ceremonies should not be paid for from the wealth of the deceased.”
Paying Funeral Expenses from the Wealth of the Deceased
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