What is the ruling regarding the inheritance of a son, two daughters, and the mother, if the property (such as a small plot of land) is indivisible, such that the heirs would not benefit from their shares?
The estate of a man who leaves behind one son, two daughters, and a wife is divided as follows: The wife receives one-eighth due to the presence of children, as Allah Almighty says: "But if you have a child, then for them [the wives] is one eighth of what you leave." The remaining portion goes to the son and the two daughters, with the male receiving the share of two females, as Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
If the inherited property is indivisible, it should be appraised in cash or sold, and each heir given their share. Some heirs can take the land at its value, and each heir is compensated for their share, unless they willingly waive it, provided they are adult and of sound mind. Alternatively, the land can remain undivided, and its yield distributed according to the shares.
It is important to note that inheritance cases are sensitive and complex, and a mere fatwa is insufficient. Instead, they must be presented to Sharia courts for investigation and to ensure there are no other heirs, wills, debts, or rights that take precedence over the heirs' rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/75898