What a deceased person leaves behind is considered inheritance
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Fatwa number ( 21161 )
Q: I own a small apartment that I use as a residence for myself, my wife, and my two daughters. I have written my wife’s name in the apartment’s ownership deed so that it is shared equally between us in common ownership. Naturally, I have not received any amount from her, contrary to what is stated in the deed. The main reason I did this is to protect my wife and daughters after my passing, as they have no refuge but this apartment. Please note that I have no pension and do not own anything else. The question now is: 1 - Is this apartment considered inheritance in the event of my death? Please note that I have a living mother, male siblings, and an unmarried sister. What will happen to my wife and daughters? 2 - What is the position of the heirs regarding the half of the apartment that I own, given that the apartment cannot be practically divided? 3 - Is it religiously obligatory to sell the furniture and household appliances so that the heirs can divide the proceeds, considering that I bought all of it with my own money? 4 - If I keep a sum of money in the residence for living expenses and emergencies—and only my wife knows about it—do the heirs have a share in this money, or does the wife retain it? Please note that I do not have
a pension or any other source of income for my family to live on, and my wife does not work? 5 - Do I have the right to ask the heirs to sign a waiver of their shares in the apartment, in the case of an affirmative answer to the first question, since it is my family’s residence? This waiver should be given by them willingly, either for an agreed-upon monetary compensation or without any? May Allah reward you with all good for me and for all Muslims.
A: Everything a person leaves behind after his death, whether cash, real estate, or otherwise, is considered inheritance that must be divided among his legal heirs in accordance with what is stated in the Book of Allah the Exalted. This is after settling his debts, if he has any, and executing his legal bequest, if he has one. A Muslim should have good expectations of his Lord, the Exalted, and rely upon Him, and work through the lawful means to secure his own sufficiency and that of his children. Nevertheless, a person does not know who truly benefits him in this world and the Hereafter, as Allah the Exalted said in the verses concerning inheritance:[An-Nisa 4:11] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I own a small apartment that I use as a residence for myself, my wife, and my two daughters. I have written my wife’s name in the apartment’s ownership deed so that it is shared equally between us in common ownership. Naturally, I have not received any amount from her, contrary to what is stated in the deed. The main reason I did this is to protect my wife and daughters after my passing, as they have no refuge but this apartment. Please note that I have no pension and do not own anything else. The question now is: 1 - Is this apartment considered inheritance in the event of my death? Please note that I have a living mother, male siblings, and an unmarried sister. What will happen to my wife and daughters? 2 - What is the position of the heirs regarding the half of the apartment that I own, given that the apartment cannot be practically divided? 3 - Is it religiously obligatory to sell the furniture and household appliances so that the heirs can divide the proceeds, considering that I bought all of it with my own money? 4 - If I keep a sum of money in the residence for living expenses and emergencies—and only my wife knows about it—do the heirs have a share in this money, or does the wife retain it? Please note that I do not have
a pension or any other source of income for my family to live on, and my wife does not work? 5 - Do I have the right to ask the heirs to sign a waiver of their shares in the apartment, in the case of an affirmative answer to the first question, since it is my family’s residence? This waiver should be given by them willingly, either for an agreed-upon monetary compensation or without any? May Allah reward you with all good for me and for all Muslims.
A: Everything a person leaves behind after his death, whether cash, real estate, or otherwise, is considered inheritance that must be divided among his legal heirs in accordance with what is stated in the Book of Allah the Exalted. This is after settling his debts, if he has any, and executing his legal bequest, if he has one. A Muslim should have good expectations of his Lord, the Exalted, and rely upon Him, and work through the lawful means to secure his own sufficiency and that of his children. Nevertheless, a person does not know who truly benefits him in this world and the Hereafter, as Allah the Exalted said in the verses concerning inheritance:
Your parents or your children - you know not which of them are nearest to you in benefit
آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لاَ تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.