Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
2778. If a woman dies without any children, 1/2 of her property is
inherited by her husband, and the remaining 1/2 is given to her other heirs. If,
she has children from that or another husband, her husband will get 1/4 of the
estate, and the remaining part will be inherited by her other heirs.
2779. If a man dies childless, 1/4 of his estate will go to his wife,
and the remaining part will be given to his other heirs. And if the man has
children from that or another wife, the wife gets 1/8th of the estate, and the
remaining part will be inherited by his other heirs. A wife does not inherit
anything from the land of a house or a garden or a farm, or from any other land,
nor does she inherit from the proceeds of such lands.
She does not also
inherit from that which stands on that land, like the house and the trees, but
she inherits from their proceeds. The same rule applies to the trees and crops
and buildings standing on the land of a garden, and on agricultural land, or on
any other lands.
2780. If the wife wishes to have any right of discretion over things
from which she does not inherit (for example, the land of a residential house)
she should obtain the permission of other heirs to do so. Also, it is not
permissible for other heirs to have any right of disposal, without the
permission of the wife,over those things from the proceeds of which she inherits
(for example, the value of the buildings and trees).
2781. If one wishes to evaluate the buildings and the trees and other
similar things, it should be calculated as assessors usually do, that is, by
estimating its value as they stand, and not as objects uprooted or extirpated
from the land. Or, they should be valued as unrented property remaining on the
land, till they are destroyed or till they perish.
2782. 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.
2783. If a deceased has more than one wives, and if he is childless,
1/4 of the estate will be divided equally among the wives, in the manner
explained above, and if he has children, 1/8 of the estate will be divided
equally among them. And the rule applies even if the husband may not have had
sexual intercourse with some or all of them.
However, if he married a woman
during a terminal illness, and did not have sexual intercourse with her, that
woman will not inherit from him nor will she be entitled to Mahr.
2784. If a woman marries a man during her illness, and dies in that
illness, her husband inherits from her even if he did not have sexual
intercourse with her.
2785. If a woman is given revocable divorce, in the manner explained
in the orders 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. But, if one of them dies
after the expiry of that period (Iddah) or during the period (Iddah) of
irrevocable divorce, the other does not inherit from him/her.
2786. If a husband divorces his wife during his illness, and dies
before the expiry of twelve lunar months, the wife inherits from him on the
fulfilment of three conditions:
If she has not married another man during that period. And if she has
married another man during that period, she will not inherit, though, as a
precaution, a compromise should be reached (between the heirs and the wife).
If she had not sought divorce herself, of her own accord, irrespective
of whether she paid her husband some consideration to obtain divorce or not.
If she had herself asked for divorce, she does not inherit.
If the husband died during the illness in which he divorced her, as a
result of that illness, or some other reason. If the husband recovers from
that illness, and dies later owing to some other cause, the divorced wife
will not inherit from him.
2787. The dress which a husband gives to his wife to wear, is to be
treated as a part of his estate after his death, even if the wife may have worn
it.