He Bequeathed a Fifth of His Wealth and With the Exception of a House, Then He Sold it and Bought Another
Question :
A man bequeathed a fifth of what he had left with the exception of a residential house for his family according to the laws of inheritance. But before he died, he disposed of the house by selling it and buying another one, then he sold the second one and bought a third one and so on. Then he died and he had one house which was the home of his family. The question is, is the house included in the fifth and does it fall under the ruling of the first house or not?
Answer:
If the matter is as mentioned in the question, then the house which was with him when he died would be in place of the first house which he excepted in the will and it is not included in the fifth. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
Source:
Fatawa Islamiyah, Vol. 5 Page 69
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