How is the estate of a man who left a wife, four sons, four daughters, and one grandson to be distributed, knowing that he left a will for the grandson for thirty thousand, and that one of his sons is disabled? Is it permissible to give the grandson more than his will? Are the sons who worked in the agricultural land entitled to a share of the estate without the rest of the heirs?
The share of an heir with a disability does not differ from that of a healthy individual, and there is no connection between the religiously prescribed share and disability or illness. The bequest of thirty thousand [currency units] to the grandson is valid because he is not an heir, and only one-third of the estate is to be executed from it. Anything exceeding one-third is not to be executed except with the consent of the adult, mature heirs. The heirs who work on the agricultural land are not entitled to more than their religiously prescribed share, as their work is voluntary.
In this specific case, the deceased is survived by a wife, four sons, four daughters, and a grandson: The wife receives one-eighth due to the existence of a lineal descendant (heir); the remainder is for the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The grandson receives nothing, as he is completely excluded by the direct son.
Matters of inheritance are complex and critical. A mere is insufficient; rather, they must be referred to the courts for investigation to ensure all rights, bequests, and debts are settled before distribution.
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