Payments made by social security to daughters and wives is their exclusive property and the other heirs do not have any share in it
Dear Brothers & Sisters,As-Salaamu-Alaikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Our father has died (may Allaah have mercy on him) and his pension came from social security. Please note that when a person dies, they deduct half of his pension and the other half is left for those who he used to take care of, such as wives, sons under the age of 25 and daughters who are unmarried or not working, and that half is shared among them.
My question is: do the heirs who are sons over the age of 25 and married daughters have the right to take anything from this pension?.
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Answer:
Praise be to Allaah.
What is paid by social insurance or social security to the daughters and the wife is their exclusive property, and the other heirs do not have the right to take anything from this money, because it is not part of the estate; rather it is conditional help given by the state, to those who fulfil the conditions of entitlement to this help. The one who is not entitled to this money -- based on the conditions of entitlement -- is not permitted to take any of this money.
With regard to what the father received during his lifetime, whatever is left of it following his death is to be shared out with the rest of his estate to all the heirs.
And Allaah knows best.
Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
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