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Is it permissible for the deceased to stipulate in his will that the farm be divided among his sons and daughters, but not his wife, even though she is the mother of all the children?

1 min readAlso available in العربية

If the sons and daughters acquired the farm during their father's lifetime and disposed of it as owners, then the gift is effective and does not become part of the inheritance. However, if the gift was made during the father's fatal illness, or if they did not acquire possession of it until he died, then the gift is not considered effective and takes the ruling of a bequest to an heir. It is not implemented except with the consent of the heirs, including the wife. If she does not consent, she has the right to take the eighth share.

The wife receives the eighth share due to the existence of a inheriting offspring. Allah Almighty says: "But if you have a child, then for them is the eighth of what you leave, after any bequest you [may] make or debt." What remains after the eighth share is for the sons and daughters by virtue of 'asaba (agnatic succession), with the male receiving the share of two females. Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." The full sister is excluded by the son.

The inheritance is divided into 88 shares: the wife receives 11 shares, each son receives 14 shares, and each daughter receives 7 shares.

The matter of inheritances must be referred to the Sharia courts for investigation and to ensure that there are no other heirs, bequests, or debts, as these take precedence over the right of the heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy