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Should the layoff bonus be distributed to all the heirs?

Question: 130936

My husband died, may Allah have mercy on him, and he has heirs, married sons and daughters, minors and a second wife. We received a layoff bonus from his work — who is entitled to it? Is it all the heirs or only the minors?.

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

The layoff bonus is given to employees based on the years of service, one month for every year or according to whatever was agreed between the employee and the company. It is money that the employee is entitled to take during his lifetime or it may be paid to his heirs after his death. 

Based on that, this bonus should be added to his wealth and divided among all his heirs. Similarly, if your husband was owed debts or any other dues from others, then when it is received it should be added to the estate and distributed to all the heirs. 

With regard to that which is paid by social insurance or social security to the wife or minors, this is a kind of help or assistance from the state and should only be taken by the one who is entitled to it according to the conditions stated by the system, and is not to be included with the estate of the deceased. 

And Allah knows best.

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