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The question

ما هو نصيب كل وارث من تركة المتوفى، في حال ترك: (2) أبناء، وأم، وبنت واحدة، وترك أباه خارج التركة؟

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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 has only a mother and three children (two sons and one daughter), then after settling their debts and fulfilling their bequests, the mother takes one-sixth as her prescribed share due to the presence of lineal descendants. The remainder is divided among the children by way of ta'sib (residuary heirship), with the male receiving the share of two females. Thus, the estate is divided into six shares: one share for the mother, two shares for each son, and one share for the daughter.

As for a father dividing his property among some children to the exclusion of others with the intention of distributing inheritance, this is invalid because inheritance is only due after death. If it is a gift, it is unjust and not enforceable unless the gifts were taken possession of and require proof.

We emphasize that matters of inheritance are serious and complex, and a mere is insufficient. Rather, they must be referred to the courts for investigation and to ascertain the existence of other heirs, bequests, debts, or rights that take precedence over the rights of the heirs.

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Ftawy
Original fatwa ID
194984
Imported
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