How should the two vacant apartments be divided among the heirs (the son, the daughter who is a tenant, and the other daughter), knowing that they are not equal, after the son divided the monthly rent of the remaining apartments among himself and his two sisters, with the male receiving the share of two females?
If a person dies and leaves behind only one son and two daughters, the inheritance is to be divided among them by taʿṣīb (agnatic succession), with the male receiving the share of two females, in accordance with verse 11 of Sūrat al-Nisāʾ. The inheritance is thus divided into four shares: the son receives two shares, and each daughter receives one share.
The rent from the apartments is to be divided according to the same proportion between the son and the two daughters, regardless of whether the apartments are occupied by some of the heirs or by strangers. The son pays his sisters their share of the rent for the apartment he occupies, and the daughter pays her brother and sister their shares, and so on.
If the apartments are sold, their price is to be divided according to the same aforementioned proportion.
We emphasize that matters of inheritance are serious and complex, and it is not sufficient to rely merely on a . Rather, the matter must be referred to the courts for investigation and to ensure that there is no other heir, or any wills or debts that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 113220
- 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