Is it valid to deprive a wife and children of inheritance, and is it obligatory to be just among the heirs in gifts?
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The questioner : If you please, Your Eminence, a man wrote over all he owned to his illegitimate heirs, and deprived his wife and his legitimate heirs. When he died, there was a sum of money, so his wife took it. Is it permissible for her to do so? Knowing that this money is not worth anything compared to her share.
The Shaykh : If a man gave away his wealth while in his death-illness, then what he gave is not executed except for the amount of one-third of his wealth, three thousand. And if he gave it in a death-illness that is feared to lead to death to a person or to people, then only one thousand is executed, and the two thousand remain for the heirs.
The presenter : Yes.
The Shaykh : And as for if that was in his health, and he gave his wealth to one person, then the gift is executed in full.
The presenter : Yes.
The Shaykh : And it is not permissible for the woman or for any other of the heirs to take anything from his wealth if he acquires wealth after that, rather they wait until he dies, then they divide what he has of wealth.
The presenter : Yes. All right.
The Shaykh : The one who took from her husband's wealth, how can she take what is not hers? Is it not possible that she might die before the husband?
The presenter : We seek help from Allah.
The Shaykh : Perhaps the husband is now in a severe and feared illness, and then death comes to her suddenly, a heart attack or an accident or something similar to that.
The presenter : Yes, she took it.
The Shaykh : She has the right to take nothing from his wealth, and if she takes anything from his wealth, then if he dies before her, she returns what she took to the estate, and it is divided among the heirs according to what Allah the Exalted has prescribed.
The presenter : Yes, good. And is it permissible to give a gift to the heirs, meaning to one of the heirs, while the man is in his health?
The Shaykh : If they are his children, then it is not permissible for him to give to one without the other. If he had three children, then it is not permissible for him to give to one of the three and neglect the others. And if they are not his children, then there is no harm in preferring some of them over others. But if he fears the severing of family ties by that, and that some of them would have something in their hearts, then he should not prefer some of them over others. And if he does prefer some of them over others, let it be in secret.
The presenter : Yes.
The Shaykh : As for the children, it is obligatory to be just among them in all cases.
The Shaykh : If a man gave away his wealth while in his death-illness, then what he gave is not executed except for the amount of one-third of his wealth, three thousand. And if he gave it in a death-illness that is feared to lead to death to a person or to people, then only one thousand is executed, and the two thousand remain for the heirs.
The presenter : Yes.
The Shaykh : And as for if that was in his health, and he gave his wealth to one person, then the gift is executed in full.
The presenter : Yes.
The Shaykh : And it is not permissible for the woman or for any other of the heirs to take anything from his wealth if he acquires wealth after that, rather they wait until he dies, then they divide what he has of wealth.
The presenter : Yes. All right.
The Shaykh : The one who took from her husband's wealth, how can she take what is not hers? Is it not possible that she might die before the husband?
The presenter : We seek help from Allah.
The Shaykh : Perhaps the husband is now in a severe and feared illness, and then death comes to her suddenly, a heart attack or an accident or something similar to that.
The presenter : Yes, she took it.
The Shaykh : She has the right to take nothing from his wealth, and if she takes anything from his wealth, then if he dies before her, she returns what she took to the estate, and it is divided among the heirs according to what Allah the Exalted has prescribed.
The presenter : Yes, good. And is it permissible to give a gift to the heirs, meaning to one of the heirs, while the man is in his health?
The Shaykh : If they are his children, then it is not permissible for him to give to one without the other. If he had three children, then it is not permissible for him to give to one of the three and neglect the others. And if they are not his children, then there is no harm in preferring some of them over others. But if he fears the severing of family ties by that, and that some of them would have something in their hearts, then he should not prefer some of them over others. And if he does prefer some of them over others, let it be in secret.
The presenter : Yes.
The Shaykh : As for the children, it is obligatory to be just among them in all cases.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1919- هل يصح حرمان الزوجة والأولاد من الميراث وهل يجب العدل بين الورثة بالعطية/سؤال على الهاتف 📞 — youtube.com (0:08)
The Arabic text is a machine transcription of the audio recording.