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The question

How is the estate of a man to be divided, who died leaving a living wife, eight children, a grandson (son of a son), a great-grandson (son of a son of a son), and a full brother, knowing that his deceased son's wife is pregnant, and that the deceased had gifted some of his properties to his third wife and some of his children, to the exclusion of others, approximately 10 years before his death? And is this gift considered Islamically permissible?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A father must be just among his children in giving gifts. If he is not just, the gift must be returned, even after his death, and divided among the heirs. If there is a valid reason to prefer some children, then it is permissible. Regarding the division of the inheritance, if the deceased leaves only a wife and eight sons, the wife receives one-eighth, and the remainder goes to the sons. If there are also daughters, the wife receives one-eighth, and the remainder is divided among the sons and daughters, with the male receiving the share of two females. Debts must be paid before the inheritance is divided. The matter of inheritances is serious and complex and should be presented to courts or discussed with knowledgeable scholars.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
103289
Imported
Translation status
Source text, unreviewed
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