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What is the ruling on claiming a debt from the deceased that was not claimed during his lifetime, and is it deducted from the inheritance before its division among the heirs (a wife, seven sons, and two daughters)?

1 min readAlso available in العربية

The Mahr (dower) is a right of the woman. It is permissible for a father to take from his son's wealth what does not harm the son or what the son does not need. If the father took from his daughter's Mahr what did not harm her, then she has no right to demand it back. However, if it harmed her and she needed it, and he did not spend it on her, and she has proof or the heirs confirm it, then she has the right to demand it, and it will be deducted from the estate before its distribution. Her not demanding it during her father's lifetime does not forfeit her right. If she cannot provide proof and the heirs do not confirm her claim, then the heirs must swear an oath that they have no knowledge of the validity of her claim. If they swear, then she has no right. The jurisprudential rule is: "The burden of proof is on the claimant, and the oath is on the defendant."

As for the division of the estate: If a person dies and leaves behind a wife, two daughters, and seven sons, the wife receives one-eighth due to the existence of a lineal descendant. The estate is divided into 128 shares: the wife receives 16 shares, each son receives 14 shares, and each daughter receives 7 shares. The questioner should be aware that matters of inheritance are serious and complex, and they should be referred to the Sharia courts for investigation, as there may be wills, debts, or rights that take precedence over the rights of the heirs.

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

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