Maintenance of the Divorced Wife
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Fatwa No. ( 9819 )
Q: I married a woman who remained with me for nineteen years in the state of marriage, and Allah blessed me with four children from her, two daughters and two sons. Our circumstances at that time were simple, and she could not bear the trial of Allah upon us in the scarcity
of provision, so she asked me for a divorce and waived all her marital rights, and the divorce was carried out. She has since married another, and I have married another. I took the children and they lived with us, and we obtained a public housing unit in which we all lived, I and my new wife and my children from the first wife. All my children from the first wife have since gotten married and left the house, and I, my second wife, and her children are still in this room to this day. During our life together, Allah blessed us with a shop from the government, for which I pay a rent of eleven pounds to the government. Since my eyesight has become weak, I rented out this shop for thirty pounds, from which I pay the government rent of eleven pounds, and I spend the rest on myself and my children. Therefore, I ask you to inform me whether my children from the first wife and my first wife have any right to the shop and the apartment? Knowing that my children from the second wife are still minors. And if I sell the shop now and spend the proceeds on myself and my young children, will my older children have a right to it? Because I fear that they will deal with it after my death. Please be kind enough to send me the reply.
A: First : You are not obligated to provide maintenance for the first divorced wife as long as she is not in your custody and does not inherit from you. Second : Any of your children from your first
and second wife who is alive after your death inherits from you, whether he is an adult of sound mind or a minor. Third : Any of your wives who is in your custody after your death inherits from you. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married a woman who remained with me for nineteen years in the state of marriage, and Allah blessed me with four children from her, two daughters and two sons. Our circumstances at that time were simple, and she could not bear the trial of Allah upon us in the scarcity
of provision, so she asked me for a divorce and waived all her marital rights, and the divorce was carried out. She has since married another, and I have married another. I took the children and they lived with us, and we obtained a public housing unit in which we all lived, I and my new wife and my children from the first wife. All my children from the first wife have since gotten married and left the house, and I, my second wife, and her children are still in this room to this day. During our life together, Allah blessed us with a shop from the government, for which I pay a rent of eleven pounds to the government. Since my eyesight has become weak, I rented out this shop for thirty pounds, from which I pay the government rent of eleven pounds, and I spend the rest on myself and my children. Therefore, I ask you to inform me whether my children from the first wife and my first wife have any right to the shop and the apartment? Knowing that my children from the second wife are still minors. And if I sell the shop now and spend the proceeds on myself and my young children, will my older children have a right to it? Because I fear that they will deal with it after my death. Please be kind enough to send me the reply.
A: First : You are not obligated to provide maintenance for the first divorced wife as long as she is not in your custody and does not inherit from you. Second : Any of your children from your first
and second wife who is alive after your death inherits from you, whether he is an adult of sound mind or a minor. Third : Any of your wives who is in your custody after your death inherits from you. 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.