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The question

How is the estate of a deceased grandmother divided, leaving behind a deceased husband, three daughters, and five sisters? Is this considered "Kalalah"? Do the grandchildren have a share in the inheritance?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the grandmother passed away leaving behind three daughters, five full or paternal sisters, and grandchildren (sons or daughters of her daughters), the inheritance is divided as follows: The daughters receive two-thirds, based on the Almighty's saying: ﴿فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ﴾ [But if there are women, more than two, for them is two-thirds of what he left]. The remaining share goes to the sisters by virtue of ta'sib (residuary heirship), as Mu'adh ibn Jabal ruled that sisters are 'asabah (residuary heirs) with daughters. The sons or daughters of her daughters receive nothing, as they are from the dhawu al-arham (relatives by kinship, not bloodline heirs) and do not inherit when there are ashāb al-furūd (quota-share heirs) or 'asabah. This case is not considered kalālah (where there are no ascendants or descendants) because there is a fari' wārith (descendant heir) of the deceased. Note: If among the grandchildren there are sons of a male son who died before the grandmother, then they inherit the remainder after the daughters' share, and the sisters receive nothing because they are excluded by the son's son. Inheritance matters require consulting scholars to verify all heirs.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
19078
Imported
Translation status
Source text, unreviewed
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