Is the aforementioned wife entitled to inherit from her husband's estate, knowing that she was aware that he had willed all his property to his son before their marriage?
Issues related to inheritances, bequests, and gifts are intricate and require presentation to the judiciary or direct consultation with scholars. Issuing fatwas on them from a distance is not appropriate. Generally, equality should be observed among children in gifts and donations, except for a need that necessitates favoritism, which does not include a child's dutifulness to his parent. If a parent favors some of his children over others in a gift and then dies, the gift becomes valid for whoever received it. Regarding the validity of a parent gifting the house he lives in to his child, there is a difference of opinion and detailed discussion among scholars. Al-Dardir mentioned that if the child takes possession of the house, even for a short period, the gift is valid; otherwise, it is not. Al-Dasuqi, in his commentary, added a detailed explanation based on the father's residence in the house and the child's status (adult or minor).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 192092
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy