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How is the inheritance to be divided among a mother, three sons, and one daughter, given that the deceased had written a sale contract for an apartment to his children before his death, there is a deferred dower (sadaq) debt to his wife amounting to 3000 Egyptian pounds, and a rented shop generating 350 pounds monthly, knowing that the children are collecting the shop's rent to pay off the debt? And is the wife entitled to receive her share from the shop's rent during the period of debt collection?

2 min readAlso available in العربية

If the father passed away leaving a mother, a wife, three sons, and a daughter, and no other heirs, his estate is to be divided as follows:

1. The Wife: She receives one-eighth (1/8) due to the presence of inheriting offspring, as Allah Almighty says: "But if you have a child, then for them is one-eighth of what you leave, after any bequest you [may have] made or debt." 2. The Mother: She receives one-sixth (1/6) due to the presence of inheriting offspring, as Allah Almighty says: "And for his parents, to each one of them is a sixth of what he left if he had a child." 3. The Remainder: It is divided among the sons and the daughter by way of ta'sib (residuary heirship), with the male receiving the share of two females, as Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."

Regarding the father's sale of the house to the sons, it falls into two possible scenarios:

1. During a life-threatening illness (Marad al-Mawt al-Makhouf): The sale is considered an advantageous transaction (muhabah) and its enforcement depends on the consent of all heirs (including the mother and wife). If they agree, the sale is permissible; otherwise, the house is divided according to Islamic law. 2. While in good health: The sale is valid and enforceable, even if it involves an advantageous transaction, and the advantage extends from all the property of the one granting the advantage because it immediately establishes ownership.

The deferred dowry (mu'akhkhar sadaq): It is considered a debt that is taken from the estate before its division and paid to the wife, as it takes precedence over the rights of the heirs. If the wife agrees to its installment payments from the rent, she is permitted to do so, and she is not entitled to demand her inheritance from the rent until the debt is settled.

It is advisable to refer matters of inheritance to Sharia courts or consult with scholars, due to their seriousness and complexity, and to ensure there are no other heirs, bequests, or debts that take precedence over the rights of the heirs.

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

Read the full answer on Ftawy