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How is the remaining house to be divided, and what is the inheritance of each heir, given the situation regarding the furniture and contents of the house sold to his daughter, and that the deceased's heirs are: (a wife, a daughter, and a paternal half-brother)?

1 min readAlso available in العربية

If the deceased left only a wife, a daughter, and a paternal brother, the inheritance is divided into eight shares: one share for the wife (one-eighth), four shares for the daughter (one-half), and three shares for the paternal brother (the remainder by ta'sib). Everything left by the deceased is divided in this manner. If something cannot be divided, it is sold, and its price is divided.

As for the house that the deceased sold to his daughter, its situation is considered as follows: 1. If the sale was genuine at market price: The sale is valid, and if its price is available, it is divided among the heirs according to the Sharia division. 2. If the sale was a nominal sale (a gift): If the gift occurred during a death-sickness (marad al-mawt): It is a bequest to an heir and is not valid unless the other heirs consent. If the gift occurred when not in a death-sickness and the daughter took possession of the house: The gift was completed, and the house became the daughter's property. 3. If it was a sale with favoritism (bay' muhabat) (for less than market price): If it occurred during good health: The sale is valid. If it occurred during a death-sickness: The amount of favoritism is considered equivalent to a bequest.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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