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The question

What is the share of the brother who did not participate in building the shops, and what is the share of each heir from the shops after the father's death, knowing that the sons inherited from their mother and participated with this inheritance in building on the father's land, and the father participated with a quarter, and the males participated with double the females?

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

If the deceased left behind only sons and daughters, then his estate is distributed among them, with the male receiving the share of two females. As for the shops built on the father's land, there are two scenarios:

1. If the father only permitted construction without explicitly granting ownership of the land to the sons, then the land is considered a loan. The shops are valued as dismantled, their value is deducted from the father's estate, and this value is divided among those who built them according to their contribution.

2. If the father made the participating children partners with him in the land, then they own three-quarters of the land on which the shops were built, and the father owns one-quarter. Only the father's share is inherited.

The claim that the father gifted the land to the participating children requires legal proof or an acknowledgment from the son who did not participate. In case of dispute, the matter must be referred to the court or scholarly advice sought.

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Where this answer came from
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Ftawy
Original fatwa ID
150622
Imported
Translation status
Source text, unreviewed
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