He says: I present to your Excellency that I married a virgin woman and paid a mahr of sixty thousand riyals to her father, and I consummated the marriage with her in the lawful manner, and she stayed with me for a period of
Machine translationRead the Arabic original
The questioner : He says: I present to your Excellency that I married a virgin woman and paid a mahr of sixty thousand riyals to her father, and I consummated the marriage with her in the lawful manner, and she stayed with me for a year, then she passed away to the mercy of Allah. She did not bear any children, and she left behind silver jewelry as part of her estate. Now her father is demanding that I hand over the aforementioned jewelry to him. Therefore, I ask Allah, then your Excellency, to issue a ruling on my case: does her father have a right to it, excluding me as the husband, or not? May you be rewarded, and may Allah guide you.
The Shaykh : When your wife died and did not bear children, you are entitled to half of what she left behind, based on the saying of Allah the Exalted:[An-Nisa 4:12] Therefore, you are entitled to half of what she left behind, including the jewelry and anything else, even if it is coins, or real estate if she had any, and even clothing. Whatever she left behind from her property, you are entitled to half of it by the explicit text of the Qur'an and the consensus of the scholars. As for her father, he is entitled to what Allah has prescribed for him, which is the remainder, unless she has a mother. In this case, the mother shares with the father in what remains after the husband's share.
The questioner : Yes.
The Shaykh : Thus, the husband is assigned half, the mother is assigned one-third of the remainder, and the father is assigned the rest. So, if she has a mother and a father, the estate is divided into six shares: three for the husband (half), one for the mother (one-third of the remainder), and two for the father (the rest).
The questioner : Yes.
This message came from Saleh Muhammad al-'Abdullah from Buraydah. He says: Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace.
The questioner : And the first question.
The Shaykh : When your wife died and did not bear children, you are entitled to half of what she left behind, based on the saying of Allah the Exalted:
And for you is half of what your wives leave if they have no child
ولكم نصف ما ترك أزواجكم إن لم يكن لهن ولدThe questioner : Yes.
The Shaykh : Thus, the husband is assigned half, the mother is assigned one-third of the remainder, and the father is assigned the rest. So, if she has a mother and a father, the estate is divided into six shares: three for the husband (half), one for the mother (one-third of the remainder), and two for the father (the rest).
The questioner : Yes.
This message came from Saleh Muhammad al-'Abdullah from Buraydah. He says: Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace.
The questioner : And the first question.