Bequeathing one fifth of his property excluding a house but having only one house at the time of death


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Q: A man bequeathed one fifth of his property. However, he excluded the house where his family lives to be divided according to the legal inheritance. Before his death, he sold the house and bought another one. Later, he sold the newly-bought house and bought a third one and so on. He then died while owning only one house where his family lives. The question is: Is the above-mentioned house included in the fifth and thus has the same ruling as the first house?


A: If the reality is as you mentioned, the house he owned immediately before his death replaces the house he excluded in his bequest and thus, it is not included in the fifth. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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