How is the estate of a man who died leaving two sons, a daughter, a wife, and a mother divided, and then his mother died leaving a son and two daughters?
This issue is one of successional inheritance (munasakhat), where the wealth of the first deceased is divided such that the wife receives one-eighth due to the presence of a lineal descendant, and the mother receives one-sixth due to the presence of a lineal descendant. The remainder is divided among the two sons and the daughter, with the male receiving the share of two females.
Then, the inheritance received by the mother is added to her own estate. The estate of the mother (the second deceased) is divided among her three children (the son and two daughters), with the male receiving the share of two females. None of the heirs of the first deceased inherit from her due to the presence of her direct children, just as her son who died before her does not inherit from her.
It was indicated that matters of inheritance are serious and must be referred to courts for consideration, as there may be wills, debts, or other rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 68739
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy