Is it permissible for the deceased to bequeath a quarter of the inheritance to an orphaned child, while there are four full brothers, nine sons of full brothers, three sons of full paternal uncles, and four full sisters? And is it permissible for him to register his house in his wife’s name while he is infertile and has no children?
If a man transfers the ownership of his house to his wife during his lifetime as a gift, it is permissible, provided his intention is not to disinherit other heirs. However, if it is a bequest to her taking effect after his death, or during his death sickness, it is considered a bequest to an heir and is only valid if the other heirs consent.
His bequest of one-quarter of the estate to an orphan is valid if the orphan is not an heir. This bequest is effective even if the heirs do not approve, based on the Prophet's (peace be upon him) saying: "A third, and a third is much." However, if the orphan is an heir, the bequest is only effective with the consent of the other heirs.
If the deceased leaves no heirs other than full brothers and full sisters, the entire estate belongs to them by way of ta'sib (residuary heirship), with the male receiving the share of two females. If there is a wife, she receives one-quarter, and the remainder goes to the brothers and sisters. In both cases, the sons of the full brother and the sons of the paternal uncle receive nothing, as they are completely excluded by the full brother.
Finally, matters concerning inheritances should be referred to Sharia courts or discussed directly with specialized scholars to safeguard the interests of both the living and the deceased.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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