Back to search
The question

What is the religious ruling on an oral will that was not witnessed by anyone, in a case where the father willed to his wife that she should take the rent from his properties after his death, knowing that these properties are registered in the names of the children and nothing is registered in the wife's name?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

There is no bequest for an heir, according to the : "Indeed, Allah Almighty has given every rightful person their due, so there is no bequest for an heir." Accordingly, there is no consideration for the wife's claim that her husband told her to take the rent of the shops after his death. Nor is it permissible for him to write the shops in the name of some heirs to be their property after his death. All of that reverts to the inheritance and is divided among all heirs according to their prescribed shares, unless they agree to approve what the father bequeathed. As for the deceased's pension, there is a detailed explanation: it may be part of the inheritance or a gift from the entity that pays it.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
192138
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy