How is inheritance divided among four full brothers, a mother, and a full sister, and is the deceased's statement "If I recover, I will perform Umrah with my sister and so-and-so brother at my own expense" considered a will? Also, what about her saying to her sister, "Take this gold of mine, for you are more deserving of it"? What is the ruling regarding the distribution of tangible assets (electrical appliances and household items) and the unfurnished apartment left by the deceased unmarried woman?
If the heirs are limited to the mother and full siblings, the mother receives one-sixth as a prescribed share due to the presence of siblings, as stated in the Almighty's verse: "And if he has brethren, then for his mother is a sixth." The remainder goes to the siblings by way of ta'sib (residuary heirship), with the male receiving the share of two females, as stated in the Almighty's verse: "And if they be brethren, men and women, then for the male is the share of two females."
All the deceased's possessions are divided after the payment of his debts, including obligatory Zakat, Hajj, and Umrah, because "the debt owed to Allah is most worthy of being paid."
As for what the sister said before her death, it is not acted upon because there is no will for an heir, as the Prophet, peace and blessings be upon him, said: "Indeed, Allah has given every rightful person his right, so there is no will for an heir."
The matter of inheritances should be referred to the Sharia courts for investigation and verification of all heirs, wills, debts, and other rights before distribution.
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- Original fatwa ID
- 109257
- Imported
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