Compensation for the Wife
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Question: My father is married to two women. The first has two sons and four daughters, and the second has two sons and two daughters. When he wanted to go to perform the obligatory Hajj, he bequeathed a piece of land from what he owned to the first wife, claiming that he had consumed some of her money and wanted her to forgive him. Several years ago, she passed away before we divided the inheritance. Exactly one year ago, my father wanted to divide the land among us, so he kept what he had bequeathed to the wife outside the inheritance and added it to her children’s share. This angered us, the children of the second wife, and we objected to it. Does my father have the right to give to his first wife, even though she passed away before the inheritance was divided? And do her two sons alone have the right to take her share without their sisters?
Answer: If it is as you described, that your father gave this land
to his wife in exchange for the fact that he had consumed some of her money, then this falls under the category of exchange, and the land becomes her property, because he gave it to her in return for what he took from her money. So this land that was given to her as compensation for her money becomes her property. And when she dies, it belongs to her heirs after her, both males and females, and you have no claim to it.
As for your father dividing the rest of the lands while he is still alive, this is not called inheritance; rather, this is called a gift. If he was fair among you in the gift and did not favor some of you over others, then there is nothing wrong with it. But if there is favoritism of some children over others, then this is forbidden, and this gift is not carried out.
Answer: If it is as you described, that your father gave this land
to his wife in exchange for the fact that he had consumed some of her money, then this falls under the category of exchange, and the land becomes her property, because he gave it to her in return for what he took from her money. So this land that was given to her as compensation for her money becomes her property. And when she dies, it belongs to her heirs after her, both males and females, and you have no claim to it.
As for your father dividing the rest of the lands while he is still alive, this is not called inheritance; rather, this is called a gift. If he was fair among you in the gift and did not favor some of you over others, then there is nothing wrong with it. But if there is favoritism of some children over others, then this is forbidden, and this gift is not carried out.
