How is the estate of a deceased father to be divided, leaving behind a wife and three daughters, with five brothers, two of whom are alive and three deceased but having children? And do the paternal uncles and their children have a share in this estate?
If a father passes away, leaving behind a wife, three daughters, and brothers, and no other heirs, then the wife receives one-eighth (1/8), and the three daughters receive two-thirds (2/3). The remaining portion goes to the brothers by ta'sib (residuary heirship), if they are full brothers or paternal half-brothers. Any brother who died before the father does not inherit. If there are both full brothers and paternal half-brothers, the remainder goes to the full brothers, and the paternal half-brothers receive nothing. Maternal half-brothers and nephews do not inherit due to the presence of the daughters and brothers. It is necessary to consult a court or a scholar knowledgeable in these matters before distributing the inheritance, as there might be unmentioned factors, such as the existence of another heir, debts, or bequests.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 80110
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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