What is the Shariah ruling regarding the gift of real estate transfer to a man's second wife, made by him a month before his death while on his deathbed and over ninety years of age, and without the knowledge of his first wife and her children, knowing that he had cut off financial support to his first wife two years before his death? And can this gift be invalidated due to the harm it causes to the heirs?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the husband donates something while he is in his death illness, it is not valid; because it is considered a bequest to an heir, and a bequest to an heir is void unless the other heirs agree. The first wife has the right to receive her maintenance from his estate before its distribution if the husband was affluent at the time he refrained from spending on her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/88927
Where this answer came from
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- Ftawy
- Original fatwa ID
- 88927
- 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