What is the lawful division for each heir from the estate of a deceased brother who left behind a wife, a father, a mother, and five siblings (three sons and two daughters), knowing that the father later passed away, and that the male siblings had built foundations and floors in the house?
The estate is to be divided as follows:
1. Inheritance of the Deceased Brother: The wife receives one-quarter due to the absence of children (she has taken her right as mentioned). The mother receives one-sixth due to the presence of siblings. The father receives the remainder by way of ta'sib (agnatic inheritance). The siblings are excluded by the father. This case does not fall under the Gharrawayn rule due to the presence of a group of siblings.
2. Inheritance of the Deceased Father: The mother (the father's wife) receives one-eighth due to the presence of children. The remainder is divided among the children, with the male receiving the equivalent of the share of two females.
3. Valuation of the House and Additions: The house is valued in its original condition before additions, and its value is divided as part of the father's estate. Expenses that have been consumed may be overlooked, otherwise, any excessive consumption is deducted from the share of the one who consumed it. If the building erected was from the father's estate, it is valued and divided among the heirs like any other asset. The one who built it can take it in exchange for their share; if its value exceeds their share, they return the excess, and if it is less, the remaining heirs compensate them for the deficit. If the building was constructed with private funds and the heirs have not relinquished their claim to the land: either the heirs pay the value of the building and divide it along with the land, or the one who built it pays the value of the land to the heirs, and this value is added to the estate and divided, thereby acquiring ownership of both the land and the building. If no agreement is reached on the previous two solutions, the land and the building become shared property among the heirs according to each one's share.
Important Note: Issues concerning inheritance are complex and delicate. It is not sufficient to rely solely on a fatwa; rather, the matter must be presented to the Sharia courts to verify all details, wills, debts, and rights, ensuring the achievement of justice.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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