Back to search
The question

Is the aforementioned furniture considered legally owned by the mother and to be distributed among her seven children, or is it specific to the three brothers in fulfillment of her will, or does the will not exceed one-third?

Share this answer

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

If the mother passes away, all her possessions become an inheritance for her children after her debts are paid and her will is executed. If the apartment was owned by her deceased husband, then she is entitled to a share of its value, which is then distributed among her heirs.

As for the furniture, if it belonged to her husband, then she is entitled to a share of its value, which is inherited from her, and the remainder goes to her children from her first husband. However, if all the furniture belonged to her, or was bought with her own money, or was gifted to her, then it is entirely inherited from her, and all her children share in it.

Her will bequeathing all the furniture to the three children is a bequest to an heir, and it is not enforceable unless all the heirs agree, based on the saying of the Prophet, peace be upon him: "Indeed, Allah has given every rightful person his due, so there is no will for an heir," and his saying: "A bequest to an heir is not permissible unless the heirs wish it." If one of the heirs does not consent, he takes his full share, and the bequest is not enforceable against him.

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
18121
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