Share of the Second Wife and Daughter in the Inheritance of Muḥammad Ṣiddīq
Reference: Fatāwā Rashidiyyah, Page 557
❖ The Question
Muḥammad Ṣiddīq had two marriages.
- From the first wife, he had one son and one daughter. She later passed away.
- Before his second marriage, the property of the deceased first wife was transferred to the son and daughter.
- Afterward, Muḥammad Ṣiddīq married again, and from the second wife he had one daughter.
- Later, Muḥammad Ṣiddīq himself passed away, leaving behind his second wife and this daughter.
The daughter from the second wife did not receive any share from her father’s first (original) property. However, from the shops and assets acquired by the father afterward, both the wife and the daughter received their Sharʿī shares.
The question: Does the second wife and her daughter also get a share from the father’s first property?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
- If the deceased woman (first wife) transferred her entire property to her son and daughter during her lifetime, then this was valid, provided that no other children existed at that time.
- This arrangement would only be invalid if some children were deprived while others were given during her lifetime.
Since no other children were present at that time, what she wrote and transferred to her son and daughter remains exclusively theirs.
As for the property Muḥammad Ṣiddīq acquired later, that has already been distributed among all heirs — including the second wife and her daughter — according to their Sharʿī shares.
Therefore, the second wife and her daughter have no claim in the first wife’s property that was already transferred during her lifetime to the son and daughter.
✿ Conclusion
- The property given by the first wife during her lifetime belongs solely to her son and daughter.
- The second wife and her daughter have no right in that property.
- They are only entitled to their rightful shares from the estate Muḥammad Ṣiddīq acquired afterward.
ھذا ما عندی، واللہ أعلم بالصواب
