Question:
Assalamu alaikum,
Who is responsible for paying the burial expenses, which were invoiced by the burial society and initially paid by one of the brothers and subsequently forwarded to the executor?
Clarification:
The brother in reference is a heir.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
In principle, funeral and burial expenses (tajhīz wa takfīn) are among the primary obligations to be settled from the deceased’s estate before any distribution to the heirs. Therefore, in the case described, the executor (wasee) is obligated to reimburse the brother who covered these expenses from the estate funds.
And Allah Ta’ala Knows Best.
Baba Abu Bakr
Student Darul Iftaa
Accra, Ghana
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
