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Fatwa CenterDivision of inheritance should not be delayed without reason
Question
Assalaamu alaykum. I am an Indian National, am 36 years old, and am a mother of two daughters (aged nine and six). My husband (41 years old) got into an accident and got a spine injury in June 2015. The doctors have given hope up for his recovery, and he cannot move at all because he is completely bedridden. My husband is the youngest in his house. He has six elder brothers and five elder sisters. So he was the twelfth child. My father-in-law is no more, but before his death in 2002, he said that everyone had a share in all the assets. However, these 11 sons are daughters are not dividing the property or business. My questions are the following:
1. Are the brothers of my husband responsible of taking care of me and my two kids as far as financial expenses are concerned?
2. What to do if these 11 people are not doing anything to divide the property and business?
3. My husband does not utter a word because he himself is at the mercy of his brothers. So would it be OK for me to do a Khul’? Otherwise, how would I take care of myself and my kids from a financial and security point of view?
4.What is the way out for me since my husband is bedridden and will not be able to earn anything in the future?
May Allaah bless you and reward you, Shaykh.
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad 
is His slave and Messenger.
The wealth which the deceased leaves behind is the right of all the heirs and must be divided amongst them according to the division that Allaah has clarified in His Book. Allaah says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females...}[Quran 4:11]
Also, the Prophet said, “Whoever leaves behind wealth, it is for his heirs.” [Al-Bukhari and Muslim]
It is not permissible for some of the heirs to refuse to divide the inheritance if some others want it to be divided.
On the other hand, your expenses and those of your children are not an obligation upon your brothers-in-law; rather, it is your husband who must spend on you. His brothers and sisters are not permitted to refuse to divide the inheritance if your husband requests that it be divided. Rather, he is obliged to request its division if he has no money to spend on his wife, because the scholars are of the view that if someone has no money to spend on himself and his family, he is obliged to find a way to earn his living.
Ibn Muflih said in Al-Aadaab Ash-Shar'iyyah, “A person who has no money to spend on himself and his dependents [like his wife and children] is obliged to earn money.”
He has the right to take the matter to an Islamic court or whomever may act on its behalf if his brothers refuse to divide the inheritance. Please, refer to fataawa 123882 and 130136.
On the other hand, it is not permissible for a woman to ask for divorce or a Khul’ without a valid reason because the Prophet forbade this. Thawbaan 
narrated that the Prophet said, “The women who ask for a Khul’ are the hypocrites.” [At-Tirmithi]
If your husband does not spend on you, then you should take the matter to an Islamic court or whomever may act on its behalf so that they would remove harm off you by obliging him to spend on you from his money or by divorce. This may be a way out for you in the future when your husband is unable to spend on you.
If you hate to remain with him and you fear that you cannot fulfill his right upon you, then you can ask him for a Khul’. Please refer to fatwa 89039.
Also, you have the right to request for a divorce if you are greatly harmed because of him not being able to have sexual intercourse with you, for example, and so on. For benefit on the sound reasons for asking for divorce, please refer to fatwa 131953.
However, if you chose to be patient and stand by him in his distress, then you will get a great reward from Allaah, Allaah willing.
Allaah knows best.
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