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The question

How is the inheritance divided among the father, mother, two wives (one of whom is pregnant), two sons, three daughters, a son of a son, a full brother, a full sister, two sons of a full brother, a full paternal uncle, and seven sons of a full paternal uncle, given that the deceased has debts?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Before dividing the inheritance, the debts of the deceased must be paid, as they take precedence over the rights of the heirs.

If there is a pregnancy among the heirs, it is preferable to postpone the division until the status of the pregnancy becomes clear. However, if the heirs insist on the division, the share of two males is set aside for the unborn child, and the remainder of the estate is distributed among the heirs.

The share of the father and mother: Each of them takes one-sixth due to the presence of an inheriting offspring. The share of the two wives: They both take one-eighth, divided equally, due to the presence of an inheriting offspring. The share of the children: The sons and daughters take their determined share, and a portion of the inheritance is set aside for the unborn child.

After the birth of the child, the reserved portion is distributed based on the gender of the newborn: - If it is a male: He takes his share from the reserved portion, and the shares of the sons and daughters are adjusted. - If it is a female: She takes her share from the reserved portion, and the shares of the sons and daughters are adjusted. - If they are two males, or two females, or a male and a female: The reserved portion is distributed accordingly, with an adjustment to the shares of the sons and daughters. - If the fetus is stillborn: The reserved portion is divided among the sons and daughters, with the male receiving the share of two females.

Finally, it is advisable to consult the courts regarding inheritance matters to ensure everyone's rights are protected and to verify that there are no unknown debts or wills.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
113376
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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