What happens regarding the widow's right to residence if the estate is insolvent?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the widow requests alternative housing, the heirs must procure it for her, either by renting or otherwise, provided the deceased left an estate sufficient for this purpose. This right takes precedence over inheritance distribution because it is a liability against the deceased, akin to a debt. If the deceased's debts consume the entire estate, the widow's housing allowance is paid alongside the creditors (Ghurama'). Her right is considered equal to that of the creditors, and she is provided funds to rent a place for her residency.
Supporting text
The same ruling applies to a woman divorced shortly after the husband is put under sequestration (Hajr) before the divorce is pronounced, provided she is pregnant; her housing allowance for the Iddah duration is paid alongside the creditors. The reason her right is not subordinated to the earlier creditor rights is that her right was established without her choice, thus placing her alongside the creditors. Furthermore, if the deceased dies while she is residing in a specific dwelling, she cannot be evicted from it because her right attached to the physical property before the creditors' rights attached to it, making her right prioritized, similar to that of a mortgagor (Murtahen).