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The question

Is the first wife entitled to half of the house in exchange for her struggle and participation in its construction before the husband married the second wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the writing of half the house to the wife is an act of ownership that takes effect after the husband's death, then it is not valid and is considered a bequest to an heir, according to the Prophet's saying, peace and blessings be upon him: "There is no bequest to an heir," unless the heirs consent.

If it is a gift and she has possession of it and the right to dispose of it, some scholars hold that a husband's gift of his dwelling house to his wife is not valid. Most scholars stipulate possession for the validity of a gift, so the gift is not valid unless the husband vacates the portion of the house he gifted to her; otherwise, the house remains his property.

If the wife participated in the construction of the house, she has a right to the share she contributed, unless her contribution was intended as a gift to her husband.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
110267
Imported
Translation status
Source text, unreviewed
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