What is the share of each of the 12 sons and daughters, the wife, and the mother from the deceased's estate, which consists of a building, land, and trees?
If the deceased's heirs are their sons, daughters, wife, and mother, then the inheritance is divided as follows: The wife receives one-eighth due to the presence of children, and the mother receives one-sixth due to the presence of a lineal descendant. What remains after the shares of the wife and mother is divided among the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. As for how the inheritance is divided, the heirs can choose one of three methods of division: qismat al-muhay'ah (partition by usufruct), qismat al-maradah (partition by mutual agreement), or qismat al-qur'ah (partition by drawing lots). In case of disagreement, recourse must be made to qismat al-qur'ah, where the assets are appraised and their value is divided among the heirs according to each one's share, or they are sold and each heir is given their share of the price.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 95959
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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