Source: Fatāwā Rāshidiyyah, Page 579
❖ Question
What do the scholars of Islam say regarding this matter: Abdul Majeed passed away, and his brother told Abdul Majeed’s wife that he would build a new house for her and then give her the place she currently occupies. Abdul Majeed’s widow has been living in this house for about 9 years. Now Abdul Majeed’s brother has passed away, and the widow has not been given this house.
The heirs of Abdul Majeed are:
◄ One wife
◄ Two sons
◄ Two daughters
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be understood that from the property of the deceased, the following steps are taken in order:
➊ First, the expenses of shrouding and burial are paid.
➋ Then, if there are any debts, they must be fulfilled.
➌ Thereafter, any will (waṣiyyah) made by the deceased is carried out from one-third of the estate.
Abdul Majeed lived in his own house, which had its own designated plot. After his death, the rightful owners of that house are his wife and children. Since his brother only promised to build her another place, and she lived in this house with her children for nearly 9 years, the house remains the property of Abdul Majeed’s heirs (his widow and children).
◈ Distribution in the Decimal System
Total Estate = 100
✿ Wife = 1/8 = 12.5%
✿ Two sons (residuaries) = 58.333% → 29.166% each
✿ Two daughters (residuaries) = 29.166% → 14.583% each
✅ Final Ruling
The ownership of the house remains with Abdul Majeed’s widow and children, according to their respective Sharʿi shares.
ھذا ما عندی واللہ اعلم بالصواب
