Is it permissible for a husband to make his wife a partner in the ownership of two homes – one in the husband's country of origin and the other in the country of immigration – as compensation for her sacrifices and material contributions to building the family, knowing that she did not initially participate in the ownership of these two homes and that she waived her Mahr (dowry)? And is this permissible according to Sharia, or is it obligatory? And is it permissible for the husband to stipulate preventing her siblings from inheriting her share in the event of her death before him?
The money contributed by the wife to the family's expenses is either a clear or implicit donation from her, in which case the husband is not obliged to return it. Or it could be a clear or implicit loan, in which case he must return it. As for the debt of 20 ounces she lent him, from which 13 ounces have been repaid, you are obliged to repay the remaining seven ounces unless she waives them. To confirm the waiver, you must refer to her. If repayment is made, the value is calculated at the rate of the day of repayment. The method of repayment should be by mutual agreement between the spouses. There is no objection to the wife donating money, provided that the donation is immediate (executed). It is not permissible to condition the donation upon death, as it would then take the ruling of a will, and a will to an heir is not permissible. The gifted money becomes the wife's property and is inherited from her. Her brothers do not inherit anything from her as long as she has male children.
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- 72457
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