If the deceased left no heirs other than his wife, to whom does the remainder belong?
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Fatwa No. ( 4503 )
Q: A certificate was issued by the court of Makkah al-Mukarramah with number (12 \ 25) on 27 \ 12 \ 1401 AH, certifying the death of Ibrahim Abd al-Rahman Falata, and that he has no heir by lineage or other means except his wife Rahma bint Muhammad Falata. Is the entire estate of the deceased to be given to his wife, or is she to receive her share of the inheritance and the remainder to be held until one of his 'asabah (residuary male heirs) comes to claim it?
A: If the facts are as stated, the wife of the aforementioned deceased is to be given one-quarter of his estate, and the remainder is to be held in trust until one who is entitled to it by the Shari'ah comes forward. If
no one comes forward for it, it belongs to the treasury of the Muslims. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A certificate was issued by the court of Makkah al-Mukarramah with number (12 \ 25) on 27 \ 12 \ 1401 AH, certifying the death of Ibrahim Abd al-Rahman Falata, and that he has no heir by lineage or other means except his wife Rahma bint Muhammad Falata. Is the entire estate of the deceased to be given to his wife, or is she to receive her share of the inheritance and the remainder to be held until one of his 'asabah (residuary male heirs) comes to claim it?
A: If the facts are as stated, the wife of the aforementioned deceased is to be given one-quarter of his estate, and the remainder is to be held in trust until one who is entitled to it by the Shari'ah comes forward. If
no one comes forward for it, it belongs to the treasury of the Muslims. 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.
