Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The issue of a woman’s inheritance from a husband, a sister, and sons, and her bequest

Machine translationRead the Arabic original
The questioner:
The questioner says: Honorable Shaykh, may Allah grant you success, a woman died leaving behind a husband.

The Shaykh:
No, I mean, you have reversed the issue. It is supposed to be you who divide the estate, and I am giving you examples now, but you have reversed it.

The questioner:
Yes. A woman died leaving behind a husband, a sister, a son, and three daughters. He says: I heard from each of them. And if she left behind a husband, my sister, and my son.

The Shaykh:
Do the daughters have different shares? Do the daughters have different shares? He gets half and the remainder, and the husband gets a quarter. Where is the rest? It is for the sisters. A son and three sons. I mean, a male, and my son, I mean, a male; the daughters are set aside for him, a son. The person intends that he died leaving behind a husband, a husband, a husband, and a son and three females? So this is clear: the husband gets the remainder, and the rest goes to the male along with his sisters, the male getting twice the share of the female, and not to the sisters. Yes.

The questioner:
He says: If the sister is blocked from inheriting, does she take by the bequest? Because this woman bequeathed her wealth to her sons and her sister, but she did not bequeath to her husband because he wronged her?

The Shaykh:
The bequest is according to what the testator specified, but the heir has no bequest. The Messenger (peace and blessings be upon him) said:
No legacy is to be left to an heir unlessلا وصية لوارث، إلا
Mishkat al-Masabih 3074
If the woman’s heirs all approve it, it is valid; but if they do not approve, he has nothing.

The presenter:
Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/109 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:21:16)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa