How is the estate of a man who died and left behind a mother, a wife, three sons, and a daughter to be divided, given that he left real estate, a car, money at home, and bank accounts? And should the mother spend on herself and her children from the estate until it is distributed, or should she take a known portion from her share to spend from and then deduct it from her share after distribution?

The method of dividing the inheritance cannot be explained until the heirs are definitively and unambiguously identified. This can be done by submitting the question via this link: http://www.islamweb.net/merath/.

Assuming that the deceased left no heirs other than his mother, his wife, three sons, and a daughter, and left no father or inheriting grandfather, then his mother receives one-sixth due to the presence of a descendant heir, and his wife receives one-eighth due to the presence of a descendant heir. The remainder goes to the three sons and the daughter by ta'sib (agnatic inheritance), with the male receiving the share of two females.

Thus, the inheritance is divided into one hundred and sixty-eight shares: the mother receives twenty-eight shares, his wife receives twenty-one shares, each son receives thirty-four shares, and the daughter receives seventeen shares.

It is imperative to hasten the division of the inheritance among the heirs so that each one can take their rightful share. None of them is permitted to spend from the inheritance for their own needs more than their lawful share before its division.

As for the money in bank accounts or at home, dividing it according to these shares is straightforward. However, for real estate and the car, they are divided according to one of the three types of division mentioned in fatwas 70064 and 61949.