Back to search
The question

What is the ruling on a man furnishing an apartment for his wife, with whom he has not been blessed with children, for her to benefit from after his death, on the condition that it devolves to his heirs after her death, while her heirs retain their original share of her husband's inheritance?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

"Al-Umra" (a lifetime gift) is permissible and legitimate. It is the gifting of usufruct for the duration of the life of the giver or the recipient. If the recipient dies, it reverts to the giver. However, if the gift is not effective until after death, then it is a bequest (wasiyya), and it is not valid for an heir unless the other heirs permit it, or if the wife is divorced and does not inherit, and the house is within the limit of one-third (of the estate), or if the heirs permit it if it exceeds that.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
51630
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy