ʿUmra (life grant): land given to a second wife “for as long as she lives”

Question

Question: Zayd had three children by Hinda (two sons and one daughter were born), after which Hinda passed away. Then Zayd married a second time, and four sons were born to him from her. Zayd gave his second wife some land and said: “For as long as you live you will live off this land, and afterwards this land will belong to my children.” After that Zayd passed away, and then the second wife passed away.

Answer

If he gave the second wife possession of this land and withdrew his own possession, then this land became the property of this second wife; after her death it will go to her heirs. If her heirs are only the four sons, then all four will be equal sharers in it; the three children born of the first wife, Hinda, will receive no share in it.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.