The husband’s heirs claiming a talaq

Question

Question: A man’s wife lived with him for a long time and also nursed him during his illness; there are witnesses to her service and to the marital relations, and they acknowledge her care. During his illness the man acknowledged all her rights and made a bequest (wasiyya) that his brothers treat her well. However, after the husband’s death his heirs, in order to usurp the woman’s share of the estate (tarika) and her mahr debt, say that the husband divorced his wife about 8 years ago.

Answer

In the case asked about, if the husband’s heirs concealed the testimony of talaq for eight years and did not testify despite being asked, then because of this concealment and delay without excuse they have become fasiqs (sinners): [ar]كتمان الشهادة كبيرة، ويحرم التأخير بعد الطلب[/ar] “Concealing testimony is a major sin (kabira)

Source: Fatawa Mahmudiyya

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