Issue No.2396- If a man dies and has no children, his permanent wife inherits one-fourth of his property, and the remaining part will be given to other heirs. In case however, he has children from that wife or another wife, the wife gets one-eighth of the property, and the remaining part will be inherited by his other heirs.
Issue No.2397- A wife inherits from all her husband’s movable properties but she does not inherit anything from the land he owns, irrespective of whether it is the land of a house or that of a garden or of a crop nor does she inherit from the value of such lands. She does not also inherit from the things situated within the space of the land (for example, buildings and trees), though she inherits from their value.
Issue No.2398- If the wife wishes to have any right of discretion over things from which she does not inherit (for example, the land and the building of a house) she should obtain the permission of the other heirs to do so. Also, it is not permissible for other heirs to appropriate, without the permission of the wife, those things from which she inherits (for example, buildings), unless her share from those things has been paid to her by them. And if they sell it before giving the wife’s share, the transaction will be in order if the wife gives permission, otherwise it will be void with respect to her share.
Issue No.2399- If one wishes to evaluate the buildings and the trees, and the like, it should be calculated as to how much its value would be if it was a rented property remaining on that land; the share of the wife should be given from its value.
Issue No.2400- The canals for the flow of water fall under the category of land, and the bricks, etc., used for its construction fall under the category of building.
Issue No.2401- If a deceased has more than one wife and no children, one-fourth of the property, and if he has children, one-eighth of the property is divided equally between the wives in the manner explained above, even though the husband may not have had sexual intercourse with them. However, if he marries a woman during an illness as a consequence of which he dies, that woman will inherit from him only if he had sexual intercourse with her.
Issue No.2402- If a woman marries a man during her illness and dies in that illness, her husband inherits from her even though he may not have had sexual intercourse with her.
Issue No.2403- If a woman is given revocable divorce in the manner explained in the rules relating to divorce, and she dies during the waiting period of divorce (‘iddah), her husband inherits from her. Also, if the husband dies during the period of that ‘iddah, the wife inherits from him. However, if one of them dies during the period of ‘iddah of irrevocable divorce, the other does not inherit from him/her.
Issue No.2404- If a husband divorces his wife during his illness and dies before the lapse of twelve lunar months, the wife inherits from him on the fulfilment of three conditions:1) That the husband dies during the illness in which he divorced her.2) That the woman does not marry after the divorce and completion of the ‘iddah.3) The divorce should not have been of the woman’s accord, and if it had been so, she would not inherit as per obligatory precaution.
Issue No.2405- The dress, ornaments and other similar things that a husband buys for his wife belong to her, unless it is proved that he had not given them to her with a possessory intention, rather they had been lent to her for temporary use.
Issue No.2406- The Holy Qur’an, ring, and sword of the deceased and the clothes worn by him or the clothes which he had prepared to wear, are the property of the eldest son. And if out of the four things the deceased has left more than one, for example, he has left two copies of the Holy Qur’an, or two rings and if he had been using all of them, then all of them belong to the eldest son.
Issue No.2407- If the deceased has a debt equal to his property or more, the four things which were mentioned in the preceding issue do not belong to the eldest son, and should be given for the repayment of the debt. However, if his property is more than the debt, and his debt can be paid off and even considerable amount is also left for the heirs, then those four things should be given to the eldest son.
