Bequest to the Wife and the Children’s Disapproval
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Question: A woman asked her elderly husband, in jest, to give her one of his houses after his death. He agreed to her request, but the man’s children are not pleased with this gift and seem to refuse it. The brothers of this man’s sons wrote the bequest and spoke to him again, and he said that he agreed to it. What is the ruling on this, and does the house belong to the wife, or what?
Answer:
The Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) She has no bequest. If he bequeaths a house or dirhams to his wife, the bequest is invalid, unless the heirs carry it out. If the sane, mature heirs are pleased and carry it out, there is no harm. Otherwise, they have no right to anything except what Allah has prescribed for her.
She is entitled to one-eighth with the children if she is the only wife, and one-half of one-eighth with the children if there are two wives, and one-third of one-eighth if there are three, and one-quarter of one-eighth if she is the fourth with the children. If she has descendants, she is entitled to one-quarter. If there are two wives, the one-quarter is divided between them. If there are three, it is divided into three parts among them, and so on for four. The point is: she has no bequest unless the heirs permit it and give it to her; in that case, there is no harm, provided they are mature and sane.
Question: What if the bequest is from the one-third?
Answer: From the one-third, or other than the one-third, if he bequeaths it to her and they are pleased.
Answer:
The Prophet (peace and blessings be upon him) said:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد أعطى كل ذي حق حقه، فلا وصية لوارثShe is entitled to one-eighth with the children if she is the only wife, and one-half of one-eighth with the children if there are two wives, and one-third of one-eighth if there are three, and one-quarter of one-eighth if she is the fourth with the children. If she has descendants, she is entitled to one-quarter. If there are two wives, the one-quarter is divided between them. If there are three, it is divided into three parts among them, and so on for four. The point is: she has no bequest unless the heirs permit it and give it to her; in that case, there is no harm, provided they are mature and sane.
Question: What if the bequest is from the one-third?
Answer: From the one-third, or other than the one-third, if he bequeaths it to her and they are pleased.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
