What is the share of each heir from the estate of the deceased, and what is the ruling on using intercessions to waive a debt owed to the Real Estate Bank, and is it permissible for the executor to pay off his share of the debt if the heirs object, and is it permissible to build a residential unit within the house's courtyard for a needy son from the surplus of the bequeathed one-third, and is it permissible to give a share of the endowment to siblings who cause problems to avoid cutting ties of kinship?
A bequest to endow a house takes the ruling of a bequest made during a death-illness, and scholars differ concerning it: The Hanafis and Hanbalis hold that it is enforceable up to one-third, and anything beyond that depends on the heirs' approval. As for the Malikis and Shafi'is, they do not consider it enforceable except with the heirs' approval, and this latter opinion is the more preponderant view.
If the endowment is enforced, priority for dwelling is given to the needy among the beneficiaries. If none are found, the house is rented out, and the rent is spent according to the endower's will. The term "children" includes both males and females, but it is understood from the context that the endower specified the male children for the permanent endowment and the daughters for the duration of their lives.
It is not permissible to give from the endowment's revenue to someone who is not in need. Debts must be paid before the division of the inheritance, and there is no harm in striving to waive the debt through permissible means.
A building endowed as an immediate endowment is considered a valid endowment, and its revenue should not be given to anyone who is not in need.
The inheritance is divided as follows: one-sixth for the mother and one-eighth for the wife due to the presence of a lineal descendant, and the remainder for the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. Nothing is given to the remaining heirs due to their being excluded.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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