Back to search
The question

How is the inheritance distributed among the father, mother, three full brothers, a full nephew (son of a full brother), a full paternal uncle, a full paternal cousin (son of a full paternal uncle), and four full sisters, taking into account the deceased's will for someone to perform Hajj on her behalf and for her gold to be given to her niece, and the fact that she had not previously performed Hajj?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The heirs are restricted to the father and mother only, and the rest are excluded by complete deprivation due to the father. The mother gets one-sixth due to the presence of siblings, and the remainder goes to the father by ta'sib (residuary heirship). The inheritance is divided into six shares: one share for the mother and five for the father. Debts and the cost of Hajj must be disbursed from the principal of the estate before division, as debt takes precedence over the rights of heirs, and Hajj is disbursed from the principal. The bequest of gold to the niece is executed if it does not exceed one-third of the estate. If it exceeds that, only the amount equivalent to one-third is executed, and any excess is not given unless the heirs consent. If the funds are insufficient for Hajj and the bequest, Hajj takes precedence because it is a debt, and debt takes precedence over a bequest.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
103567
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy