How is an inheritance divided among a mother, two brothers, and three sisters, given that one of the heirs used the deceased's car without the permission of the other heirs, resulting in its sale at a meager price?
If the deceased leaves behind only a mother, brothers, and sisters, then the mother receives one-sixth due to the presence of multiple siblings, as Allah Almighty says: "And if he has brothers [and sisters], then for his mother is one-sixth." The remainder goes to the brothers and sisters by way of ta'sib (residuary heirship), with the male receiving the share of two females, as Allah Almighty says: "And if they are brothers and sisters, male and female, then the male will have the share of two females." The inheritance is divided into 42 shares: the mother receives 7 shares, each full brother receives 10 shares, and each full sister receives 5 shares.
As for one of the heirs using the inherited car without the permission of the others, this is an act of usurpation (ghasb), and they must guarantee its value on the day of usurpation or the value of its depreciation.
Finally, matters of inheritance are serious and must be referred to the courts for investigation, as there may be other heirs, wills, debts, or other rights that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy