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How is the inheritance divided and how are debts settled upon the death of a man who leaves behind debts to the bank, taxes, and other individuals, and who owns assets and real estate, and leaves behind two wives, three sons (one of whom is a half-brother), and two daughters, and what is the procedure if one of the heirs refuses to bear their share of the debt?

1 min readAlso available in العربية

If a deceased person leaves behind wealth, it is obligatory for their heirs to first prepare the body and shroud it from the estate, then pay off any debts from it, then fulfill any bequests from one-third of the estate if they exist, before distributing the estate among the heirs. This is based on the Almighty's saying: (after any bequest has been fulfilled or any debt paid) (An-Nisa/11). It is obligatory to hasten in settling the deceased's debt, whether it is owed to Allah or to a human being, due to the Prophet's (peace be upon him) saying: "The soul of a believer remains suspended by his debt until it is paid off on his behalf." Scholars have emphasized that delaying the payment of debt when there is wealth available is an injustice to the deceased and prevents them from experiencing bliss. After settling the debts, the estate is distributed among the heirs; the two wives receive one-eighth, and the remainder is divided among the children, with the male receiving the share of two females. In the event that some heirs refuse to pay the debt, they are withheld from their share of the inheritance until the debt is paid.

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

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