How is an inheritance divided among five sons, five daughters, a wife, a full brother, a half-brother (from the father's side), three full sisters, and a half-sister (from the father's side), taking into account the deceased's will to leave one of the houses to his incapacitated son (Muhammad)?
If the heirs are limited to sons, daughters, and the wife only, then the brothers and sisters do not inherit, as they are excluded by the presence of a son. The wife receives one-eighth (1/8) due to the presence of a lineal descendant (heir). The remainder goes to the sons and daughters by way of ta’sib (residuary inheritance), with the male receiving the share of two females. The inheritance is divided into 120 shares: the wife receives 15 shares, each son receives 14 shares, and each daughter receives 7 shares. As for a bequest to an heir, it is legally prohibited and only becomes valid with the consent of the adult, mature heirs; otherwise, it is not considered valid, and the inheritance is divided according to Islamic law. The questioner is advised that matters of inheritance are critical and complex and should be referred to courts to verify all bequests, debts, and rights before distribution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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