Sharʿi Ruling: Does a Step-Son Have a Share in His Father’s Wife’s Inheritance?
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 401
There are two men: one’s father passed away, and the other’s mother passed away. The man whose father died, his mother married the man whose mother had passed away. From this marriage, no children were born. Later, the husband also died.
Now the question is: From the inheritance of the woman who is still alive, how much share will the man receive whose mother had already passed away? Please clarify in the light of Qur’an and Ḥadīth.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
The Sharʿi ruling in this case is as follows:
◈ The man will not receive any share from the inheritance of the living woman.
◈ The reason is that this woman is not his biological mother; she is merely the wife of his father.
However:
◈ This man does have a rightful share in the estate of the deceased husband of this woman, because that deceased person is his real father, and a son has an established Sharʿi right in his father’s inheritance.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 401
❖ Question
There are two men: one’s father passed away, and the other’s mother passed away. The man whose father died, his mother married the man whose mother had passed away. From this marriage, no children were born. Later, the husband also died.
Now the question is: From the inheritance of the woman who is still alive, how much share will the man receive whose mother had already passed away? Please clarify in the light of Qur’an and Ḥadīth.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
The Sharʿi ruling in this case is as follows:
◈ The man will not receive any share from the inheritance of the living woman.
◈ The reason is that this woman is not his biological mother; she is merely the wife of his father.
However:
◈ This man does have a rightful share in the estate of the deceased husband of this woman, because that deceased person is his real father, and a son has an established Sharʿi right in his father’s inheritance.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ