How is an inheritance divided among three sons, a mother, and three daughters, taking into consideration the eldest son's wish not to include the value of the land on which the family home was built as part of the inheritance?
The mother receives one-sixth due to the existence of a lineal descendant. The remainder goes to the sons and daughters by ta'sib (agnatic inheritance), with the male receiving the share of two females. The estate is divided into 54 shares: the mother receives 9 shares, each son receives 10 shares, and each daughter receives 5 shares.
The land upon which the family house is built is part of the estate. It should be appraised along with the house, and the entire sum divided among the heirs, unless the eldest son provides just evidence that this land belongs specifically to him. This can only be determined by a Sharia court.
The matter of inheritances is serious and complex, and a mere fatwa is insufficient. Rather, it must be referred to the Sharia courts for review and investigation. There may be another heir, or wills, or debts, or other rights that take precedence over the rights of the heirs. Therefore, the estate should not be divided without consulting the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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