Leaving his wife for 8 years, and before her death he asked her for forgiveness, so does he have the right to inherit from her without her children?
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The questioner:
A woman married and gave birth to sons and daughters. Problems arose between the husband and wife, and the wife went to her father's house. She was cut off from her husband for eight years, and her husband left her in a suspended state without divorcing her. He also did not provide for her, except for her children. Then the wife passed away to the mercy of Allah. He came to her while she was in her death sickness, asked for her forgiveness, sat with her, and recited Surat Yasin to her, then he buried her. It is known that during her life, he kept her in front of her children. So, does he have the right to enter upon her during her death after eight years? Also, does he have the right to take from her needs without her children, knowing that he refused to give anything from it to her children? We ask you to guide us in this case. May Allah reward you with good.
The Shaykh:
If he did not divorce her, she is his wife, and he has the right to enter upon her and inherit from her if she dies, because she is his wife. He did not divorce her. Even if there was a misunderstanding between them and a boycott occurred, this requires a distinction. If the cause was from his side, he is sinful. If the cause was from her side, she is sinful, and she has no right against him, as long as she was seeking separation from him and refusing him, and the mistake was on her side, then the sin is on her. In any case, Allah takes charge of their affair. Perhaps because he asked for her forgiveness and she forgave him, Allah the Exalted forgave what came before.
The presenter:
May Allah.
The Shaykh:
As for the inheritance, it is valid as long as he did not divorce her; he inherits from her as a husband. However, he does not have the right to monopolize the wealth she left behind from her children. He has a share in it, which is one-fourth, and the rest belongs to her children. If they are only daughters, they get two-thirds, and the rest goes to the husband. If there are male children among her children, then the remaining wealth after the one-fourth goes to the children, with the male getting the share of two females. Yes.
A woman married and gave birth to sons and daughters. Problems arose between the husband and wife, and the wife went to her father's house. She was cut off from her husband for eight years, and her husband left her in a suspended state without divorcing her. He also did not provide for her, except for her children. Then the wife passed away to the mercy of Allah. He came to her while she was in her death sickness, asked for her forgiveness, sat with her, and recited Surat Yasin to her, then he buried her. It is known that during her life, he kept her in front of her children. So, does he have the right to enter upon her during her death after eight years? Also, does he have the right to take from her needs without her children, knowing that he refused to give anything from it to her children? We ask you to guide us in this case. May Allah reward you with good.
The Shaykh:
If he did not divorce her, she is his wife, and he has the right to enter upon her and inherit from her if she dies, because she is his wife. He did not divorce her. Even if there was a misunderstanding between them and a boycott occurred, this requires a distinction. If the cause was from his side, he is sinful. If the cause was from her side, she is sinful, and she has no right against him, as long as she was seeking separation from him and refusing him, and the mistake was on her side, then the sin is on her. In any case, Allah takes charge of their affair. Perhaps because he asked for her forgiveness and she forgave him, Allah the Exalted forgave what came before.
The presenter:
May Allah.
The Shaykh:
As for the inheritance, it is valid as long as he did not divorce her; he inherits from her as a husband. However, he does not have the right to monopolize the wealth she left behind from her children. He has a share in it, which is one-fourth, and the rest belongs to her children. If they are only daughters, they get two-thirds, and the rest goes to the husband. If there are male children among her children, then the remaining wealth after the one-fourth goes to the children, with the male getting the share of two females. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ترك زوجته 8سنوات وقبل موتها طلب منها السماح فهل له أن يرثها دون ابناءها؟ الشيخ صالح بن فوزان الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.