What is the ruling on writing a piece of land to the children of a deceased wife before the husband's death, while there are sons and daughters from a second wife?
The deceased's estate is distributed, if the heirs are limited to those mentioned, as follows: The wife receives one-eighth due to the presence of a lineal descendant, based on the Almighty's saying: "But if you have a child, then for them is one-eighth of what you leave." The remainder goes to the sons and daughters by virtue of 'asabah (agnatic inheritance), with the male receiving the share of two females, based on the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The inheritance is divided into 72 shares: the wife receives 9 shares, each male receives 14 shares, and each female receives 7 shares.
The deceased's will concerning his children from his other wife is not executed unless the heirs permit it, based on the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right. So, there is no will for an heir."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 118769
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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