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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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."

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
118769
Imported
Translation status
Source text, unreviewed
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