The husband's inheritance from his wife
Machine translationRead the Arabic original
Fatwa number ( 9713 )
Q: The legal texts indicate that the husband inherits half of his wife's wealth if she has no children, and if she has children, he inherits a quarter. This means that the child prevents the father from inheriting the quarter. On many occasions, the children dispute with their father and go to the scholars, who tell them: the child has no right to possess any wealth as long as his father is alive, because the Messenger of Allah (peace and blessings be upon him) said: How do we reconcile the verse and the hadith?
A: The husband's inheritance from his wife is half if she has no children, and if she has children, it is a quarter. Allah the Exalted said:[An-Nisa 4:12] , and the rest
goes to the children as residuary heirs. As for what is narrated from Jabir (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said: , that is because the father is the cause of the son's existence, and his existence is the cause of the wealth's existence, so he thereby has a right. If the father is in need, he may take from it the amount of his need. It is not intended to permit him to take the son's wealth until he exhausts it without need. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The legal texts indicate that the husband inherits half of his wife's wealth if she has no children, and if she has children, he inherits a quarter. This means that the child prevents the father from inheriting the quarter. On many occasions, the children dispute with their father and go to the scholars, who tell them: the child has no right to possess any wealth as long as his father is alive, because the Messenger of Allah (peace and blessings be upon him) said:
You and your wealth belong to your father
أنت ومالك لأبيكA: The husband's inheritance from his wife is half if she has no children, and if she has children, it is a quarter. Allah the Exalted said:
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.
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍgoes to the children as residuary heirs. As for what is narrated from Jabir (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said:
You and your wealth belong to your father
أنت ومالك لأبيك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.