Back to search

How is the inheritance to be divided among the deceased's heirs, who are: (two sons), (a paternal half-brother), (a paternal uncle), (five daughters), (two wives), and (a full sister), bearing in mind that the deceased did not perform Hajj despite being able to, and no one performed it on his behalf?

1 min readAlso available in العربية

The heirs are the sons and daughters, and the two wives. The brothers and the paternal uncle receive nothing because they are excluded by the children. The inheritance is divided after preparing the deceased and settling his debts. The two wives receive one-eighth, divided equally between them. The remainder goes to the children by way of ta'sib (agnatic inheritance), with the male receiving the share of two females. As for Hajj for one who was able but did not perform it, the preponderant opinion is that Hajj must be performed on his behalf from his estate, whether he made a will concerning it or not, because Hajj is a debt firmly established upon him. It is to be taken from all his assets before the division of the inheritance. Furthermore, matters of inheritance must be submitted to the Sharia courts for review, as there may be wills or debts that take precedence over the rights of the heirs.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy