Division of the estate of a woman who died leaving behind: a husband and children, and then her husband died
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Question:
His second question concerns estates and their division. He asks and says: A woman died, leaving behind four sons and three daughters, and a husband. He has another wife, and he has two sons and one daughter from her. The deceased woman left a fortune of thirteen thousand Egyptian pounds. How is this estate divided between her husband and her children, and her co-wife and her children?
It is known that the husband also died a year later.
Answer:
The wife's estate is divided only between her husband and her children. Her husband is entitled to one-fourth of this money, and the rest goes to her four children and her three daughters. The remainder is made into eleven shares: eight for the four sons and three for the three daughters, for the male is the share of two females. So the husband is given the one-fourth, and the rest goes to her four children and three daughters on the basis of eleven shares: eight for the sons, two shares for each, and three shares for the daughters [Al-Nisa: 11].
Then, the husband's right, which is the one-fourth, is divided among all his children. The husband's right is divided among his children from both wives. His last wife, from whom he died, is given: one-eighth of what he received from his first wife. The wife is given one-eighth, along with one-eighth of the money he left behind other than his right from the wife. And the rest is divided among all the descendants, among all his children from this one and that one. Yes.
The presenter: May Allah reward you with good. So: the co-wife and her children have nothing in the estate.
The Shaykh: They have no right in the first wife's money. Their right is only in the husband's one-fourth that he took from his wife. This one-fourth is for everyone. The wife is given her share, which is one-eighth, and the rest is divided among her children and the first wife's children. This one-fourth, along with the rest of the estate belonging to the husband if he had money other than this one-fourth. Yes.
The presenter: May Allah reward you with good.
His second question concerns estates and their division. He asks and says: A woman died, leaving behind four sons and three daughters, and a husband. He has another wife, and he has two sons and one daughter from her. The deceased woman left a fortune of thirteen thousand Egyptian pounds. How is this estate divided between her husband and her children, and her co-wife and her children?
It is known that the husband also died a year later.
Answer:
The wife's estate is divided only between her husband and her children. Her husband is entitled to one-fourth of this money, and the rest goes to her four children and her three daughters. The remainder is made into eleven shares: eight for the four sons and three for the three daughters, for the male is the share of two females. So the husband is given the one-fourth, and the rest goes to her four children and three daughters on the basis of eleven shares: eight for the sons, two shares for each, and three shares for the daughters
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThen, the husband's right, which is the one-fourth, is divided among all his children. The husband's right is divided among his children from both wives. His last wife, from whom he died, is given: one-eighth of what he received from his first wife. The wife is given one-eighth, along with one-eighth of the money he left behind other than his right from the wife. And the rest is divided among all the descendants, among all his children from this one and that one. Yes.
The presenter: May Allah reward you with good. So: the co-wife and her children have nothing in the estate.
The Shaykh: They have no right in the first wife's money. Their right is only in the husband's one-fourth that he took from his wife. This one-fourth is for everyone. The wife is given her share, which is one-eighth, and the rest is divided among her children and the first wife's children. This one-fourth, along with the rest of the estate belonging to the husband if he had money other than this one-fourth. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.