Is the estate of a bankrupt person liable for their burial expenses?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

The estate of a bankrupt person must be used for their کفن (shroud/burial), because their maintenance (nafaqah) was obligatory from their wealth during their life, thus their preparation after death must also be from their wealth, similar to others. The burial expenses of those financially supported by the bankrupt (like dependents) are also obligatory from their estate, as they are treated as the bankrupt. The wife's burial expenses are not obligatory, because the right to maintenance (nafaqah) is in return for the right to marital enjoyment (istimta'), which ceases upon death, thus eliminating the obligation for maintenance.