Are the widow's maintenance, her rent, and the deceased's bills deducted from the inheritance? Are checks disbursed before division? What is the wife's share of the inheritance if her husband dies and he has siblings, and he sold half of the house to her?
Scholars differ regarding the dwelling of a woman whose husband has died during her period, and the more authoritative view is that she is not entitled to maintenance nor lodging from the deceased's estate.
Therefore, the widow is not entitled to maintenance from the estate, nor does she receive rent for accommodation from the estate in addition to her share; rather, her share is only from the inheritance.
Unpaid signed checks: If they were for the settlement of debts owed by the deceased before his death, they are to be paid before the division of the inheritance. Anything beyond debt and bequest becomes a right for the heirs.
The wife's share of the estate is one-eighth if the husband has a inheriting child, and one-quarter if he does not have a child.
Regarding the share that was specified for the wife from the house before her husband's death, the Shariah court will rule on this matter, determining whether it was a real sale, a delivered gift, or something else.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 187806
- 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