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What is the ruling on selling and distributing a building that the deceased bequeathed not to be sold or divided, designating its rent for the needy, in addition to giving his sisters sums from the inheritance, knowing that the will was found two years after the testator's death and the distribution of the inheritance among the sons?

1 min readAlso available in العربية

The wife receives one-eighth due to the existence of a direct heir. The remaining inheritance is for the sons and daughters, by way of ta'sib (residuary heirship), with the male receiving the share of two females. The sisters receive nothing as they are excluded by the presence of a son.

The inheritance is divided into 120 shares: the wife receives 15 shares, each son receives 14 shares, and each daughter receives 7 shares.

A will is not established merely by finding a paper; however, if it is proven by the testimony of upright witnesses or by the acknowledgment of the heirs, then it is acted upon. The deceased's will not to sell the building and to give the sisters a sum of money is valid and is executed from one-third of the estate. If it exceeds this amount, only one-third will be executed.

Scholars differ in their opinions regarding the prioritization of wills when the one-third limit is insufficient. Therefore, we advise consulting the Sharia court or asking knowledgeable scholars.

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

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