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The question

How is the inheritance of the deceased father, valued at 1,600,0 Egyptian pounds, divided among his heirs (two sons, a wife, five daughters, and two minor daughters of a son who died during the father's lifetime), knowing that the father bequeathed that his deceased son's daughters inherit as if he were alive, and do the paternal uncles and aunts of these daughters inherit from their deceased father's share?

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

Firstly: Brothers do not inherit from their brother who died before their father because the father precludes the brothers.

Secondly: Granddaughters do not inherit from their grandfather when he has a son, because the son precludes them.

Thirdly: The father's bequest to his deceased son's daughters, amounting to the share their father would have received had he been alive, is considered a valid bequest because it is for a non-heir. The issue is resolved by adding the share of the legatee to the original inheritance division.

Fourthly: The method of distributing the inheritance cannot be determined until the heirs are precisely enumerated.

Fifthly: If the father passed away leaving two sons and two daughters, and the son who died during his father's lifetime left a wife and five daughters, and the deceased father left no other heirs besides these, then the inheritance is divided such that the male receives the share of two females. The origin of the issue is six shares: two shares for each son and one share for each daughter. Then, a share equivalent to that of one of the sons (two shares) is added to the origin of the issue, making it eight shares. After correcting the fraction for the group of granddaughters who are legatees, the issue becomes forty shares: ten shares for each son, five shares for each daughter, and ten shares for the granddaughters who are legatees, with each of them receiving two shares.

Important Note: Given the gravity and complexity of inheritance matters, it is advisable not to rely solely on this answer but to refer the matter to Sharia courts or consult scholars directly to verify all heirs, debts, bequests, and other rights.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
188721
Imported
Translation status
Source text, unreviewed
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