The inheritance of a woman who died leaving a husband, a sister, and a child, and her bequest to the heir
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, a woman died leaving a husband, a sister, and a child.
The Shaykh:
You want me to divide it? You are done, meaning the problem has been reversed. It is supposed to be you who divide it, and I give you examples, but now you have reversed it.
The questioner:
Shall we read it, Shaykh? A woman died leaving a husband, a sister, a child, and three daughters. He asks how much each of them takes? And if the sister is blocked by the husband, the wife, and the sister.
The Shaykh:
The husband takes one-quarter, yes.
The questioner:
And a sister, a child, and three daughters.
The Shaykh:
The daughters take two-thirds, and the husband takes one-quarter. If anything remains, it is for the sisters. Yes.
The questioner:
He says a child and three daughters.
The Shaykh:
Meaning a male. A child means a male; daughters are called children. If he means that he died leaving a husband, a son, and three daughters, then this is clear: the husband takes one-quarter, and the rest is for the son with his sisters, the male receiving the share of two females, and the sisters have nothing. Yes.
The questioner:
He says, and if the sister is blocked, does she take by the bequest? Because this woman bequeathed her wealth to her children and her sister, but she did not bequeath to her husband because he wronged her?
The Shaykh:
The bequest is according to what the testator bequeathed, according to what the testator specified. It is distributed to those the testator specified. But the heir, the heir has no bequest. The Messenger of Allah (peace and blessings be upon him) said:Mishkat al-Masabih 3074 If all the heirs are pleased, they approve it. But if they are not pleased, he has nothing. Yes, his inheritance is sufficient for him. Yes.
He says: Honorable Shaykh, may Allah grant you success, a woman died leaving a husband, a sister, and a child.
The Shaykh:
You want me to divide it? You are done, meaning the problem has been reversed. It is supposed to be you who divide it, and I give you examples, but now you have reversed it.
The questioner:
Shall we read it, Shaykh? A woman died leaving a husband, a sister, a child, and three daughters. He asks how much each of them takes? And if the sister is blocked by the husband, the wife, and the sister.
The Shaykh:
The husband takes one-quarter, yes.
The questioner:
And a sister, a child, and three daughters.
The Shaykh:
The daughters take two-thirds, and the husband takes one-quarter. If anything remains, it is for the sisters. Yes.
The questioner:
He says a child and three daughters.
The Shaykh:
Meaning a male. A child means a male; daughters are called children. If he means that he died leaving a husband, a son, and three daughters, then this is clear: the husband takes one-quarter, and the rest is for the son with his sisters, the male receiving the share of two females, and the sisters have nothing. Yes.
The questioner:
He says, and if the sister is blocked, does she take by the bequest? Because this woman bequeathed her wealth to her children and her sister, but she did not bequeath to her husband because he wronged her?
The Shaykh:
The bequest is according to what the testator bequeathed, according to what the testator specified. It is distributed to those the testator specified. But the heir, the heir has no bequest. The Messenger of Allah (peace and blessings be upon him) said:
No legacy is to be left to an heir unless
لا وصية لوارث إلا
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 067-كتاب الفرائض - 6-12-24 هـ — archive.org (1:12:42)
The Arabic text is a machine transcription of the audio recording.
