Q: A man died and left behind many sons and daughters from one wife who is still alive. (Part No. 16; Page No. 557) He also left behind a childless wife. The inheritors distributed their father's legacy and each took their legal share of inheritance excluding the invested shares that generate annual revenues which are also distributed according to the legal shares.The question now is:
what will the case be, if one of the two wives dies? Should her share of inheritance (1/16) go to the other living wife,
or to the stepchildren then be added to their annual revenues and distributed among them annually? Finally, is it permissible for the relatives of the childless wife to take her annual revenue? Is this a legal right for them or does her eligibility for inheritance come to an end after her death, and shall her share of inheritance go to the stepchildren or the other living wife whose share will then become (one eighth)? We need your advice.
If one of the two wives dies, her share of the one eighth of the legacy does not go to the other wife for she is her partner in it. It does not go to the stepchildren as they are the husband's children. In fact a document of limitation of succession will be issued after her death and her legacy must be distributed accordingly. (Part No. 16; Page No. 558) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.