How is the deceased's legal inheritance divided when there is a mother, two wives, a maternal grandmother (mother's mother), four brothers from the mother's side, and three sisters from the father's side, in addition to a will for one-third of the estate divided as follows: "To Muhammad half of the third, to Khalid a quarter of the third, and to Zayd a third of the third," and there are debts owed by the deceased?
The debts of the deceased must be paid before executing the will and distributing the inheritance, based on the Almighty's saying: ﴿after any bequest has been fulfilled or debt paid﴾. Scholars are unanimous that debt takes precedence over the will.
After the debt is paid, the will is considered. If the beneficiaries of the will are heirs, the will is not binding unless approved by the rest of the heirs. If they are not heirs, the will is valid and executed within the limits of one-third.
If the will exceeds one-third, the heirs have the right to reject the excess, in which case the beneficiaries receive only one-third, distributed among them according to the will, or they may approve the excess, and the inheritance will be distributed accordingly.
It is advisable to refer inheritance matters to courts or to knowledgeable scholars to ensure verification of all heirs, debts, wills, and rights related to the inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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