Living with a brother’s wife and accepting service from nephews

Question

Zayd dies; at the time of his death his wife and his cousin (paternal uncle’s son) Bakr are alive. Both Zayd and Bakr are childless. Bakr had divorced his wife. For twenty years Bakr had not been capable of looking after himself, so Zayd brought him and kept him with himself, and Zayd and his wife did all his service and bore all the expenses. Bakr had 25–30 bighas (a local land measure) of land; Zayd cultivated it and spent its income on Bakr, and even more than that from his own pocket.

Answer

Bakr cannot look after himself and his property by himself. Whoever’s supervision is beneficial for him and for his property should be appointed guardian. If he wishes to live with the present brother’s wife and is fully content with her, he may live there.

Source: Fatawa Mahmudiyya

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