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The question

Is it permissible for the wife to waive her share of the inheritance to all her children equally?

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

If a man dies leaving a wife, three daughters, and four sons, and no other heirs, then the wife receives one-eighth (1/8) due to the presence of a lineal descendant, as Allah Almighty says: "But if you have a child, then for them [the wives] is one eighth of what you leave, after any bequest you [may have] made or debt." The remainder goes to the sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, as Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."

The inheritance is divided into eighty-eight (88) shares: the wife receives eleven (11) shares, each son receives fourteen (14) shares, and each daughter receives seven (7) shares.

It is permissible for the sane wife to relinquish her share to her children; this is considered a gift, and she must be equitable between males and females in this relinquishment.

It is advised not to rely solely on a fatwa regarding inheritance matters. Instead, the matter should be referred to the Sharia courts to investigate the existence of any wills, debts, or other rights that take precedence over the heirs' rights.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
109258
Imported
Translation status
Source text, unreviewed
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