Inheritance of a Nashiz wife


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Q: A man died and left two wives, one of them is Nashiz (mistreating her husband). Is she entitled to receive a share from her husband's inheritance?


A: Spouses are entitled to inherit from each other as long as their marriage contract is effective. The issue that a wife is good to her husband or that she is Nashiz is irrelevant in this regard. This is because Allah (Exalted be He) says: In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. (Part No. 16; Page No. 505) Thus Allah (Glorified be He) linked the foregoing ruling of inheritance to marriage which is still effective in the case mentioned in the question. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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