What is the ruling when a wife spends from her absent husband's wealth and it is later discovered the husband had died before the spending occurred?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 1

Open in Qurani

Primary text

The wife must account for the amount she spent from her inheritance upon realizing the husband predeceased her. This applies whether she spent the wealth herself or through the order of a judge (Hakim). This position is held by Abu Al-'Aliyah, Muhammad ibn Sirin, Al-Shafi'i, and Ibn Al-Mundhir. The basis for this ruling is that she spent wealth she was not entitled to at that time. If there remains a surplus from her inheritance, it is hers. If there is a deficit against her, and she possesses a dower (mahr) or a debt owed to her by the deceased husband, the surplus is deducted from those amounts. If she possesses neither, the deficit becomes a debt she owes.