What is the ruling on dividing a grandfather's relinquishment of his share to his deceased son's children (the siblings of the deceased) after his death? Is it "to the male, a portion equal to that of two females" or according to the number of heads?
The grandfather, along with the Ashab al-Furud (sharers) and full or paternal siblings, takes the best of three options available to him: one-sixth of the estate, or the remainder after the sharers have taken their shares, or a muqasamah (sharing) with the siblings.
If the grandfather relinquishes his share in favor of some of the heirs, then if a method of distribution is specified, it should be followed. Otherwise, it is to be divided equally among them.
It is advisable to refer inheritance matters to the courts for investigation and to ensure that there are no wills, debts, or other rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 60248
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- . 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.
- Read the full ruling
- Read the full answer on Ftawy