How is the inheritance of a woman divided if she leaves behind a child and a husband, and what is the division of a man's inheritance if he leaves no child with his wife?
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The questioner : This message is from the questioner Yusuf al-Dami from Juba, Sudan. He asks: How is the inheritance of a woman divided if she leaves behind a child with her husband, and how is the inheritance of a man divided if he leaves no child with his wife?
The Shaykh : As for the first case, if a woman dies leaving her husband and a child of hers.
The questioner : Yes.
The Shaykh : The word "child" in the language includes both male and female. So, in this case, her husband is entitled to one-fourth, meaning one-fourth of her wealth, based on the saying of Allah the Exalted:[An-Nisa 4:12].
As for the second case, which is if a husband dies leaving his wife and he has no child, then his wife is entitled to one-fourth, even if the wife has co-wives, meaning the husband has more than one wife and dies leaving them and he has no child. In that case, they are entitled to one-fourth, based on the saying of Allah the Exalted:[An-Nisa 4:12]. This is the division of the wealth in this case.
The questioner : That is, in both cases, or in either of the two cases, the wealth is divided into four parts.
The Shaykh : Yes.
The questioner : Yes, the second question says.
The Shaykh : As for the first case, if a woman dies leaving her husband and a child of hers.
The questioner : Yes.
The Shaykh : The word "child" in the language includes both male and female. So, in this case, her husband is entitled to one-fourth, meaning one-fourth of her wealth, based on the saying of Allah the Exalted:
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt.
ولكم نصف ما ترك أزواجكم إن لم يكن لهن ولد فإن كان لهن ولد فلكم الربع مما تركن من بعد وصية يوصين بها أو دينAs for the second case, which is if a husband dies leaving his wife and he has no child, then his wife is entitled to one-fourth, even if the wife has co-wives, meaning the husband has more than one wife and dies leaving them and he has no child. In that case, they are entitled to one-fourth, based on the saying of Allah the Exalted:
And for the wives is one fourth if you leave no child
ولهن الربع مما تركتم إن لم يكن لكم ولدThe questioner : That is, in both cases, or in either of the two cases, the wealth is divided into four parts.
The Shaykh : Yes.
The questioner : Yes, the second question says.