How is the estate of a woman to be distributed, given that she inherited 8 Qirats from her mother and a share of her father's house, and she passed away leaving behind one full brother, three half-brothers (from the father's side), and two full sisters, knowing that she bequeathed all her possessions to a charitable endowment? Do the half-brothers (from the father's side) have a share, and what is the ruling on this will?
If a woman dies leaving a full brother, two full sisters, and three paternal half-brothers, and no other heirs, then her estate is to be divided among the full brother and the two full sisters by 'asabah (agnatic succession), with the male receiving the share of two females. The paternal half-brothers receive nothing because they are completely excluded by unanimous consensus. The estate is divided into four shares: two shares for the full brother, and one share for each full sister.
As for her will to donate all her possessions to a charitable endowment (waqf), this is considered a bequest exceeding one-third of the estate. Only the amount of one-third can be executed, and anything exceeding one-third cannot be executed except with the consent of the heirs. For the heir's consent to be valid, they must be an adult of sound judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/164647
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 164647
- 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