Which claim prevails between an heir claiming inheritance and a spouse claiming a gift from the deceased?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If a man dies leaving a house, and his son claims it as inherited property supported by evidence, while his wife claims he gifted it to her, also supported by evidence, the ruling is made in favor of the wife. This is because her claim pertains to an additional matter that was hidden from the son's evidence.