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The question

What is the division of inheritance for the estate of a man who died and left behind: (3) sons, (4) paternal half-brothers, (2) maternal half-brothers, (1) paternal uncle, (1) mother, (1) daughter, (1) wife, (5) paternal half-sisters, and (2) maternal half-sisters, in addition to a will that states that matters in the shop should remain as they are, with the mother taking the deceased’s share of the shop's profit?

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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 deceased left only those mentioned, his mother receives one-sixth due to the presence of a lineal descendant and a group of siblings. His wife receives one-eighth due to the presence of a lineal descendant. The remainder goes to the sons and daughter by ta’sib (residuary inheritance), with the male receiving the share of two females. The brothers, sisters, and uncle receive nothing, as they are completely excluded by the lineal descendant. The estate is divided into 168 shares: the mother receives 28 shares, the wife 21 shares, each son 34 shares, and the daughter 17 shares.

The will stating that his share of the shop's profit should go to his wife or mother is invalid because he did not bequeath anything he owned during his lifetime. This is considered a bequest to an heir, which is not enforceable unless the other heirs consent. Furthermore, his will for his partnership in the shop to remain as it is constitutes an infringement on the heirs' ownership after his death, which is not his right.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
195310
Imported
Translation status
Source text, unreviewed
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