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Inheriting Property: What Happens if Both Spouses Die Simultaneously?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I am married for the second time and have no kids from my second wife, but she has her own kids, and I have kids from my first wife. If I leave some property or wealth for my second wife in my will, what will happen to it if we both die at the same time?

Bismillaah

A: The bequest for her is invalid as she is an heir.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


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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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