What is the mother's share of her deceased son's inheritance, and what is the share of the parents from the inheritance of their son who died before them, if the grandson was born after the grandfather's death, and then the grandson died?
If a fetus dies before birth, it is not considered an heir and does not partake in the division of its father's estate. However, if it is born alive and cries out, it inherits, based on the Prophet's (peace be upon him) saying: "If the newborn cries out, it inherits." If it emerges stillborn, it does not inherit by scholarly consensus.
If the newborn is an heir, its share is then distributed among its own heirs. The mother takes one-third, and the grandfather takes one-sixth as a fixed share, and the remainder by residuary right. The grandmother does not inherit due to the presence of the mother. It is necessary to identify all heirs, settle debts, and execute bequests before division. This is carried out in Sharia courts or through trusted religious scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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