Back to search
The question

Is it permissible to take the heirs' share of the father's estate, which one of the sons seized and did not distribute, from the estate of this son after his death and before its distribution to his heirs?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a father dies and leaves behind a wife, two sons, and a daughter, the wife receives one-eighth, and the remainder goes to the children, with the male receiving the share of two females. If the brother takes the inheritance without dividing it, this is an injustice and consumption of wealth unlawfully. This is a debt upon him that must be returned to its rightful owners. If the brother dies, his heirs must settle his debt from his share before dividing his estate. If he has other heirs besides you, and they agree to pay, this is obligatory. If they do not agree, it is possible to seek mediation from good-hearted people or resort to the courts. If he has no heirs other than you, you can take your right from his share in the house.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
21532
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