A husband’s condition that his wife relinquish her right to inheritance
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, a man made a condition with his wife that she would have no share of the inheritance.
The Shaykh:
Yes.
The questioner:
A man made a condition with his wife that she would have no share of the inheritance.
The Shaykh:
You mentioned a chapter regarding making the word haram (forbidden) halal (lawful) and preventing one of the rulings of the Shari'ah; this condition is not permissible in this Shari'ah.
The questioner:
Honorable Shaykh, his saying (peace and blessings be upon him) is like the believer who is disliked.
The Shaykh:
But if the inheritance is established after death, does its owner have the right to relinquish it? But if it is made before death, before the inheritance becomes obligatory, this is a defective condition and is not permissible.
Honorable Shaykh, a man made a condition with his wife that she would have no share of the inheritance.
The Shaykh:
Yes.
The questioner:
A man made a condition with his wife that she would have no share of the inheritance.
The Shaykh:
You mentioned a chapter regarding making the word haram (forbidden) halal (lawful) and preventing one of the rulings of the Shari'ah; this condition is not permissible in this Shari'ah.
The questioner:
Honorable Shaykh, his saying (peace and blessings be upon him) is like the believer who is disliked.
The Shaykh:
But if the inheritance is established after death, does its owner have the right to relinquish it? But if it is made before death, before the inheritance becomes obligatory, this is a defective condition and is not permissible.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الكفاءة والخيار — islamhouse.com (56:14)
The Arabic text is a machine transcription of the audio recording.