How is the estate of a wife who has no son and owns two plots of land to be divided, if she wishes to allocate one of them to her four daughters, taking into account the share of her brothers and sisters and the sons of a deceased brother? Is it permissible to build a house from the joint wealth of the spouses? How is the estate of her husband, who has no son and no living brothers, to be divided? Is it permissible to divide the inheritance before death?
If the wife dies, her husband receives one-fourth, and her daughters receive two-thirds, to be divided equally among them. The remainder goes to the brothers, with the male receiving the share of two females. The children of a deceased brother receive nothing.
If the husband dies, his wife receives one-eighth, and his daughters receive two-thirds, to be divided equally among them. The remainder goes to the male children of his brothers.
As for the shared property between spouses, neither of them is permitted to dispose of it without the other's consent.
It is not permissible to divide an inheritance before the death of the owner of the property. However, the owner may dispose of their wealth during their lifetime through gifts (hibah) or charity (sadaqah) in a final manner, provided there is no intention to deprive any of the heirs.
If the disposition is conditional upon the owner's death, it is considered a will, which is not permissible for an heir or for more than one-third of the estate, unless the heirs approve it.
As for a will made for each heir equivalent to their share, it is valid according to the most preponderant opinion, even if the specific item bequeathed differs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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