How is the estate of a man who died leaving behind a mother, a wife, a daughter, a son, five full brothers, two full sisters, and a maternal sister divided, taking into account that his wife built a house on his land with her own money, then he asked her to sell it and travel to him, then he told her: "Do what you want," then he was martyred, and he has children from a previous marriage – do they inherit, and does his stepdaughter inherit? And what should the wife do if she wishes to remain in the house?
The wife's daughter does not inherit from her mother's husband due to the absence of a cause for inheritance between them, whereas sons and daughters inherit from their father. The house built by the wife on her husband's land is considered a loan ( 'ariya ) that terminates upon his death, and the land reverts to the heirs. The wife is entitled to the value of what she built. There are two opinions among the Malikis regarding this: either the value of the building as demolished (which is the well-known opinion), or as standing if she built it with his permission or knowledge (which is the view adopted by some jurists of Medina). If a dispute arises, the Sharia court is the decisive authority. If the heirs are the mother, the wife, a son, and a daughter, then the mother receives one-sixth, the wife receives one-eighth, and the remainder goes to the son and daughter, with the male receiving the share of two females.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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