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Inheritance: Spouse vs Child, Sibling, and Unfulfilled Wishes

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: At the moment I am married, no kids and both parents alive alhumdulillah. If I had one child would my entire estate go directly to him/her? What portion goes to my wife. I don’t think my sister is allowed in the will, but I am close to her. Is it possible to say my sister wont get s share but allowed to stay at my house for say 10 years. Although if my parents died in that time and never got the share of the house due to my sister residing their, would I be punished for that?

Bismillaah

A: No, your parents and wife will still get.

No. She can use a portion of the house and your parents can use a portion of the house. All your wealth goes into the estate and the house is just a part of the estate.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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