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Fatwa CenterA second wife has her share in her husband's estate
Question
sir A persons first wife died and he married second wife if he wright will stating all his property should go to his first wife children is second wife has any right over his self earned property,how to go about after his death,second wife does not have any children and no property of her own
Answer
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Inheritance is a grave matter. Allaah The Exalted did not leave its division to a sent prophet or a close angel, but He laid down its rules Himself, apportioning the divisions accordingly. Allaah defined for each heir his share of inheritance: This includes the wife, the sons, the daughters, and so forth. Allaah The Exalted said (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11] He also said (what means): {And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.} [Quran 4:12]
As for the will of a man that he gives his inheritance to his children after his death, such is a bequest for an heir, which is not binding. It can only be executed if the remaining heirs agree to it. The Prophet, sallallaahu ‘alayhi wa sallam, said: “Verily Allaah has given every rightful person his right; so there is no bequest for an heir.” [Ibn Maajah - Al-Albaani graded it Saheeh (sound)]
Kindly refer to Fataawa 116588 and 94685 regarding there being no bequest for an heir.
Based on this, if the wife is content with executing the bequest, and she is a mature adult, then so be it. But if she is not content or she is a minor, then she has the right to take her legitimate share of inheritance.
For more benefit, please to Fataawa 139527 and 156799.
Allaah Knows best.
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