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What is the share of each heir from the estate of the deceased woman who left behind two sons, two daughters, and a husband, and who bequeathed two houses to two of her son’s children, and had previously dropped a debt for her daughter on condition of her death, but then the daughter recanted and decided to donate it as charity, and she also willed to donate money she possessed with the intention of seeking healing? Will these bequests be executed, or will the funds be included in the inheritance, and will the orphan sponsorship that the deceased started continue?

1 min readAlso available in العربية

The bequest of the two houses to the two grandchildren is valid as long as it does not exceed one-third of the estate. If it exceeds that, the enforcement of the excess depends on the consent of the heirs. The debt owed by the daughter to the mother is not included in the will unless the mother agrees to the daughter's statement. If the mother remains silent, it is returned to the estate, because silence is not permission unless there are indications of consent. If the mother instructed to give charity with money for the purpose of seeking healing, and only a small part of it was given as charity, then the remainder is returned to the estate unless the heirs agree to its execution. The estate is distributed as follows: the husband receives one-fourth due to the presence of a lineal descendant, and the remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The direct heirs exclude the rest of the heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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