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The question

How is the estate of a man who passed away to be divided, leaving behind a wife and 4 daughters (one of whom died before him and has children, and another who died after him and has a daughter), in addition to two sisters, knowing that the two sisters had previously taken their share of money from the daughters' funds, and there is now a need to sell the house? Is it permissible to divide what exceeded the sisters' share in the past among the two remaining daughters and the granddaughter of the deceased?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The inheritance is divided as follows:

1. First Inheritance (Father's Inheritance):

The wife gets one-eighth due to the presence of a lineal descendant (inheriting offspring).

The three daughters get two-thirds.

The two full sisters or paternal half-sisters get the remainder by ta'sib (residuary inheritance).

A daughter who passed away during her father's lifetime does not inherit, and her children do not inherit from their grandfather unless through a bequest not exceeding one-third.

2. Second Inheritance (Inheritance of one of the daughters):

Her daughter inherits one-half.

Her two maternal aunts (the deceased's sisters) inherit the remaining half by ta'sib.

If the wife (mother of the daughters) is alive, she gets one-sixth, and the remainder goes to the maternal aunts.

3. Third Inheritance (Wife's Inheritance):

Her estate is divided among her heirs after they are enumerated, and from her estate is the one-eighth she inherited from her husband.

If the husband left nothing but the house, she gets one-eighth of the house, which is distributed among her heirs.

4. Purchasing the Share of the Two Sisters:

If the daughters and the daughter's daughter purchase the share of the two sisters, the ownership of this portion will be among the buyers according to the proportion of the money they paid, regardless of their shares in the inheritance.

5. Co-owners of the House:

The two sisters, the deceased daughter's daughter, and the wife's heirs (to the extent of the one-eighth of the house that the wife inherited).

The house must be sold, and its price divided among the rightful beneficiaries, seeking the assistance of scholars due to the complexity of the issues.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
19105
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy