What is the right of a woman whose husband died and she did not bear children?
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Question:
Our brother is asking about a matter in inheritance. He says: What is the right of a woman who was married to a man, and she stayed with him for a period of nineteen years, then he died and she did not bear any children from him, so his brother remained working and acquired other properties for a period of fourteen years and died, and she did not take her share from him, knowing that the brother also did not bear any children, so please inform us, may Allah reward you with good?
Answer:
This is a matter that concerns the courts, so the court looks into the matter and gives the woman her right from her husband. She has her right from her husband, which is one-fourth if he has no descendants from others; for her is one-fourth, as Allah the Exalted said: [Surat al-Nisa: 12]. So if her husband has no descendants from others, and she did not bear anything from him, then she has one-fourth of his properties.
As for the details of his properties and his brother's properties, and looking into that, this returns to the court to establish what belongs to him as opposed to his brother. She has the right in what her husband left behind, but as for her husband's brother's wealth, she has no right in that. Yes.
The presenter: If the two moneys were mixed, O Shaykh?
The Shaykh: The court looks into it until it distinguishes the husband's money from his brother's money. She has the inheritance in her husband's money, not in his brother's money. Yes.
The presenter: In her husband's money and its profits, for example?
The Shaykh: This is for the court to look into. Yes.
The presenter: May Allah bless you.
Our brother is asking about a matter in inheritance. He says: What is the right of a woman who was married to a man, and she stayed with him for a period of nineteen years, then he died and she did not bear any children from him, so his brother remained working and acquired other properties for a period of fourteen years and died, and she did not take her share from him, knowing that the brother also did not bear any children, so please inform us, may Allah reward you with good?
Answer:
This is a matter that concerns the courts, so the court looks into the matter and gives the woman her right from her husband. She has her right from her husband, which is one-fourth if he has no descendants from others; for her is one-fourth, as Allah the Exalted said:
And for the wives is one fourth if you leave no child
وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌAs for the details of his properties and his brother's properties, and looking into that, this returns to the court to establish what belongs to him as opposed to his brother. She has the right in what her husband left behind, but as for her husband's brother's wealth, she has no right in that. Yes.
The presenter: If the two moneys were mixed, O Shaykh?
The Shaykh: The court looks into it until it distinguishes the husband's money from his brother's money. She has the inheritance in her husband's money, not in his brother's money. Yes.
The presenter: In her husband's money and its profits, for example?
The Shaykh: This is for the court to look into. Yes.
The presenter: May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.