The divorced woman does not inherit, but her sons inherit from him
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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 the time were simple, and she could not bear the trial of Allah upon us in the form of scant provision, so she asked me for a divorce and waived all her marital rights. The divorce was carried out, and she married another man, while I married another woman.
She took the children, and they lived with us. We obtained a public housing unit in which we all lived together: I, my new wife, and my sons from the previous wife. All my sons from the previous wife have since gotten married and left the house. Now, I, my second wife, and her sons are in this room. 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. I pay the government rent of eleven pounds from that amount, and I spend the rest on myself and my children. Therefore, I ask for your guidance: Do my children from the first wife and my first wife have any right to the shop and the apartment? Please note 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, do my older children have any right to it? I am afraid that after my death they may deal with it in that manner. Please be kind enough to send me the reply.
A: First: You are not obligated to provide financial maintenance for the first divorced wife as long as she is not under your protection, and she does not inherit from you. Second: Any of your children from your first and second wives who are alive after your death will inherit from you, whether they are mature and of sound mind or minors.
Third: Any of your wives who are under your protection at the time of your death will inherit 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 the time were simple, and she could not bear the trial of Allah upon us in the form of scant provision, so she asked me for a divorce and waived all her marital rights. The divorce was carried out, and she married another man, while I married another woman.
She took the children, and they lived with us. We obtained a public housing unit in which we all lived together: I, my new wife, and my sons from the previous wife. All my sons from the previous wife have since gotten married and left the house. Now, I, my second wife, and her sons are in this room. 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. I pay the government rent of eleven pounds from that amount, and I spend the rest on myself and my children. Therefore, I ask for your guidance: Do my children from the first wife and my first wife have any right to the shop and the apartment? Please note 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, do my older children have any right to it? I am afraid that after my death they may deal with it in that manner. Please be kind enough to send me the reply.
A: First: You are not obligated to provide financial maintenance for the first divorced wife as long as she is not under your protection, and she does not inherit from you. Second: Any of your children from your first and second wives who are alive after your death will inherit from you, whether they are mature and of sound mind or minors.
Third: Any of your wives who are under your protection at the time of your death will inherit 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.