Do the male children take their share of the inheritance and the share of their mother and grandmother, in the event that the mother and grandmother died after the death of the testator, and bequeathed all their inheritance to his male children?
The deceased's estate is divided into 240 shares: the mother receives one-sixth (40 shares), and the wife receives one-eighth (30 shares). The remaining 170 shares are distributed among the sons and daughters by ta'sib (residuary inheritance), with the male receiving the share of two females. Thus, a son's share is 34 shares, and a daughter's share is 17 shares. The shares of the mother and wife pass to their legal heirs. A bequest by the wife or mother to the deceased's male children from their shares is considered a bequest to an heir and is not permissible unless approved by the remaining heirs. Whoever does not approve has the right to take their legal share. A bequest is not established merely by a claim; rather, it requires legal evidence (a man and two women, or a man along with the claimant's oath).
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