She swore before her husband’s death that she would not take anything from him; does she inherit from him?
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Question:
A wife swore before her husband’s death that she did not want anything from him of what he possessed, following a dispute between them. Does she distribute her share of the inheritance to her children, or does she take her share of the inheritance and pay the expiation for the oath? She should take her share of the inheritance and pay the expiation for the oath.
Answer:
Because an oath does not make lawful what is forbidden. This is lawful, made lawful for her by Allah, and it is the inheritance. An oath does not make it forbidden. So she must pay the expiation for the oath, which is freeing a slave, or feeding ten poor people, or clothing ten poor people. If she cannot find the means to do so, she fasts for three days. Yes.
A wife swore before her husband’s death that she did not want anything from him of what he possessed, following a dispute between them. Does she distribute her share of the inheritance to her children, or does she take her share of the inheritance and pay the expiation for the oath? She should take her share of the inheritance and pay the expiation for the oath.
Answer:
Because an oath does not make lawful what is forbidden. This is lawful, made lawful for her by Allah, and it is the inheritance. An oath does not make it forbidden. So she must pay the expiation for the oath, which is freeing a slave, or feeding ten poor people, or clothing ten poor people. If she cannot find the means to do so, she fasts for three days. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 4744- حلفت قبل وفاة زوجها بأنها لن تأخذ منه أي شيء فهل ترث منه؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
