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Is the mother of the deceased husband entitled to a share of my two apartments and the movables of the estate? Is the estate to be divided after the expiration of the wife of the deceased’s right to residence by one year, or before that? What about the damage to some of the movables? Is it permissible to pay the value of the aqiqah for the children from the estate?

1 min readAlso available in العربية

The deceased's mother has a right to his inheritance and is not excluded under any circumstances. Her share is one-sixth of the apartment and of all that her son left behind. What was owned by the deceased's wife is not included in the inheritance. The rented apartment is not part of the inheritance, but the lease agreement transfers to the heirs. Scholars differed on the right of a widow to reside in the marital home during her waiting period (iddah): Hanafis and Malikis generally believe that the rent for accommodation comes from her own money, Shafi'is believe it comes from the estate, and Hanbalis differentiate between a pregnant woman and a non-pregnant woman. A judge's ruling resolves the dispute. Movable property that is damaged after death through normal use and with the permission of the heirs is not guaranteed, but what is damaged by transgression or without permission is guaranteed by the one who caused the damage. The 'aqiqah (sacrifice for a newborn) is not taken from the inheritance. The heirs have the right to take their share of the inheritance immediately after the death of the inheritor.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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