To what extent is a woman's will valid and enforceable in bequeathing her house to her mother and dividing her gold equally between her two daughters, to the exclusion of her sons, when challenged by the heirs?
A will in favor of an heir is not permissible, as the Prophet, peace and blessings be upon him, said: "Indeed, Allah has given every rightful person his due right, so there is no will for an heir." Therefore, it is not permissible for the mother to reside in the bequeathed house. As for the division of the inheritance, it is as follows: the husband receives one-fourth, the mother one-sixth, and the remainder goes to the children, with the male receiving the share of two females. The children must provide housing for their grandmother (the deceased's mother) if she is in need, as her maintenance is obligatory upon them according to the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 49962
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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