What the husband took in excess of his share of his wife's inheritance
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Fatwa number ( 20942 )
Q: My wife's father married a woman before he married my wife's mother. She fell ill and died as a result of this illness, and she did not remain in his marriage for long. After she died, she left behind an inheritance, and he took it and disposed of it.
However, before he died, he said: "I will perform Hajj on behalf of that woman if I live until next year," but death overtook him before that. We would like to ask Your Eminence, knowing that she did not bear him any children, and he has no sons, only daughters. His family is asking: What is the ruling on what he uttered? Should they perform Hajj on her behalf, or what should they do? And does he bear any sin in this? We would like an answer, and we offer you our sincere thanks.
A: The wealth left by the aforementioned woman must first be used to pay off any debt she owed, if she had a debt. Then, any lawful bequest she made must be carried out, if she had a bequest. The remainder after that is distributed among her heirs, and the husband is among them. Accordingly, what the husband took in excess of his share of his wife's inheritance must be returned to her heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My wife's father married a woman before he married my wife's mother. She fell ill and died as a result of this illness, and she did not remain in his marriage for long. After she died, she left behind an inheritance, and he took it and disposed of it.
However, before he died, he said: "I will perform Hajj on behalf of that woman if I live until next year," but death overtook him before that. We would like to ask Your Eminence, knowing that she did not bear him any children, and he has no sons, only daughters. His family is asking: What is the ruling on what he uttered? Should they perform Hajj on her behalf, or what should they do? And does he bear any sin in this? We would like an answer, and we offer you our sincere thanks.
A: The wealth left by the aforementioned woman must first be used to pay off any debt she owed, if she had a debt. Then, any lawful bequest she made must be carried out, if she had a bequest. The remainder after that is distributed among her heirs, and the husband is among them. Accordingly, what the husband took in excess of his share of his wife's inheritance must be returned to her heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.