If one of the two wives passes away, does her share from her husband revert to the other wife?
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Q2: A man passed away, leaving behind many sons and daughters, all from the same mother, and the mother is still alive.
He also left behind another wife who was barren. The heirs divided their father's estate, each receiving his or her share according to the ruling prescribed by the Noble Lawgiver, except for the invested shares that yield an annual return, which are also distributed according to the prescribed shares. The question is:What is the ruling if one of the two wives dies? Does the share of the deceased wife (one-sixteenth) go to the wife or widow who is still alive,or is the share of the deceased wife handed over to the husband's children, added to their annual income, and divided among them as part of the annual income? Finally, is it permissible for the relatives of the barren wife to receive this annual share, and is that a legal right? Or does the death of the aforementioned widow sever the inheritance link, such that what was hers during her life returns to the deceased's children in general, or to the widow, or to the children of the one who is still alive, such that her share would be one-eighth? We request your guidance and clarification of the matter.
A2: If one of the two wives mentioned passes away, her share of the one-eighth does not revert to her partner in the one-eighth, on the basis that she is a partner in it, nor to her husband's children from another wife, on the basis that they are his children. A certificate of inheritance restriction will be issued for her after her death, and her inheritance will be divided based on it.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
He also left behind another wife who was barren. The heirs divided their father's estate, each receiving his or her share according to the ruling prescribed by the Noble Lawgiver, except for the invested shares that yield an annual return, which are also distributed according to the prescribed shares. The question is:What is the ruling if one of the two wives dies? Does the share of the deceased wife (one-sixteenth) go to the wife or widow who is still alive,or is the share of the deceased wife handed over to the husband's children, added to their annual income, and divided among them as part of the annual income? Finally, is it permissible for the relatives of the barren wife to receive this annual share, and is that a legal right? Or does the death of the aforementioned widow sever the inheritance link, such that what was hers during her life returns to the deceased's children in general, or to the widow, or to the children of the one who is still alive, such that her share would be one-eighth? We request your guidance and clarification of the matter.
A2: If one of the two wives mentioned passes away, her share of the one-eighth does not revert to her partner in the one-eighth, on the basis that she is a partner in it, nor to her husband's children from another wife, on the basis that they are his children. A certificate of inheritance restriction will be issued for her after her death, and her inheritance will be divided based on it.
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.