How is the lawful estate left by the father distributed, including the properties that the father bought and registered in the name of some of the children before his death, and are these properties calculated within the inheritance at the time of distribution at the purchase price or at their current value?
The division of an inheritance falls into three categories: temporary usufruct (tahayyu'), mutual agreement (muradaha), and drawing lots (qur'ah). Temporary usufruct means that each heir utilizes a part of the inheritance in rotation. Mutual agreement is when the heirs agree upon a method of division. As for drawing lots, it involves inventorying the assets and dividing them by value. The original principle for division is drawing lots, because it removes grudges, and the decision belongs to whoever requests it. Religious judges are specialized in resolving such matters, and the value of real estate and other assets is estimated at market price on the day of division. A note to the inquirer: Matters of inheritance are serious and complex, and relying solely on a fatwa is insufficient. Rather, it must be referred to the religious courts to investigate the heirs, wills, debts, and other rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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