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Does the husband of a deceased orphaned and foundling woman inherit her money and house, or does it revert to the Muslim public treasury, especially since there are no children, and how is the inheritance divided if there are children?

1 min readAlso available in العربية

The rulings concerning the inheritance of an abandoned female child (Laqīṭa) can be summarized in two scenarios:

1. If she has only a husband: The husband inherits half, based on the verse: ﴿And for you is half of what your wives leave if they have no child.﴾ The remaining half goes to the public treasury (Bayt al-Māl).

2. If she has a husband and children: In the presence of a male child or children: The husband inherits one-fourth, and the remainder goes to the children. In the presence of one or more daughters with the husband: The husband inherits one-fourth, and the remainder goes to the daughter(s) by way of obligatory share (farḍ) and return (radd). This is the view of the Hanafis and Hanbalis, and of the Shafi'is when the public treasury is not properly managed. As for the Malikis and the Shafi'is (when the public treasury is properly managed), they hold that the remainder goes to the public treasury. It is agreed that return (radd) does not apply to spouses.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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