1. Is the mother required to observe the iddah (waiting period) after her husband's death? 2. Is a father's gift of his house to his poor son invalid? 3. Is a brother's condition upon his brother, that he not inherit from their mother's house, legitimate? 4. Is a son's right of usufruct over a house nullified due to the cessation of his poverty, making the house an inheritance for all siblings? 5. If a son's right of usufruct over his father's house is forfeited, does he then inherit from his mother's house?
The waiting period ('iddah) is obligatory for a widow. A gift contingent upon death is a bequest (wasiyyah), and the fundamental principle is that it is not permissible to prefer one child over others in a gift or bequest, because a bequest to an heir is not enforceable except with the consent of the other heirs, and a bequest of more than one-third is not valid without their permission. The father erred in bequeathing all his possessions to one of his sons. The bequest is valid if the heirs voluntarily agree; otherwise, their permission is not taken into consideration. It is a condition to obtain the mother's permission because she is an heir. The brother is permitted to reject the bequest to the extent of his rightful share of his father's inheritance, and he may stipulate that the brother receiving the bequest relinquish his right to their mother's inheritance. The bequest is not invalidated by a change in the financial status of the legatee. Matters of inheritance must be referred to the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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