The Ruling on a Wife Depriving Her Husband of Inheritance
Machine translationRead the Arabic original
Sister I'tidal Muhammad Muhammad Faraj sent a message saying: I have previously sent three messages regarding a case, hoping you will benefit me and that this message will reach you and I will hear the answer. I am a woman married for thirty-one years, and I still live with my husband. I have a daughter and a son; the daughter is married, and the son is about to get married. I built a house consisting of six apartments, and I want to write the house over to my daughter and son and deprive my husband, even though my husband did not put into the construction of the house except very small amounts that are not worth mentioning, while my children did not put anything into its construction. So I want to deprive my husband of the inheritance. I asked some people who are not scholars, and some of them said to me: After your death, your husband will marry, and his share in the inheritance will be taken by the new woman, so your children are more deserving than a stranger. Please benefit me regarding this. May Allah reward you with good?
Answer: If you are in a state of health and soundness of mind, there is nothing wrong with you giving this building to your son and daughter, and he has no right to object; because you are of sound mind and you dispose of your wealth as you wish. So he has no right to object to your disposition if you are of sound mind and not of unsound mind, and you are healthy and not sick. You have the right to dispose of the wealth by giving it to your male child and daughter, or by giving it to others, or by making it an endowment (waqf) for Allah (Glorified and Exalted is He). There is no blame on you in that. The husband only obtains the inheritance by your death or by the existence of an illness with which the cause of death is established. So if you are in a state of health, soundness, and sound mind with no unsoundness in you when disposing of the wealth, then there is nothing wrong with the disposition, and he has no right to prevent you from it. And if you leave the matter as it is, out of the consideration of good companionship, and out of the consideration of doing good to him, so that he inherits with your son and daughter if Allah decrees your death before his, then that is good, if Allah wills, and it is a good thing, and it contains a type of companionship with kindness. Yes.
Answer: If you are in a state of health and soundness of mind, there is nothing wrong with you giving this building to your son and daughter, and he has no right to object; because you are of sound mind and you dispose of your wealth as you wish. So he has no right to object to your disposition if you are of sound mind and not of unsound mind, and you are healthy and not sick. You have the right to dispose of the wealth by giving it to your male child and daughter, or by giving it to others, or by making it an endowment (waqf) for Allah (Glorified and Exalted is He). There is no blame on you in that. The husband only obtains the inheritance by your death or by the existence of an illness with which the cause of death is established. So if you are in a state of health, soundness, and sound mind with no unsoundness in you when disposing of the wealth, then there is nothing wrong with the disposition, and he has no right to prevent you from it. And if you leave the matter as it is, out of the consideration of good companionship, and out of the consideration of doing good to him, so that he inherits with your son and daughter if Allah decrees your death before his, then that is good, if Allah wills, and it is a good thing, and it contains a type of companionship with kindness. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
