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The question

How is the inheritance divided among the father, mother, pregnant wife, two full brothers, and full sister, given that the deceased has debts?

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

The deceased's debt must be settled first before the inheritance is distributed. Then, it is preferable to delay the distribution of the inheritance if there is a fetus among the heirs until it is born and its condition becomes clear. This is the preferred approach to avoid disputes and to ensure a single distribution. If the heirs insist on the distribution, the accepted view among the Hanbalis, Hanafis, and some Shafi'is is that it is permissible, with the obligation to reserve or freeze the most favorable share for the fetus, which here is the inheritance of two females. The inheritance is divided based on this assumption, and the lesser, certain shares are disbursed to the other heirs. The distribution of the reserved portion of the inheritance awaits until the condition of the fetus becomes clear. What remains of the inheritance is then added to the other eligible heirs according to the gender of the child after its birth. It must be noted that matters of inheritance are intricate and must be referred to the Sharia courts for investigation to ensure the rights of all heirs, creditors, and legatees.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
110379
Imported
Translation status
Source text, unreviewed
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