How is an inheritance divided when there is a father, a full brother, two half-brothers (from the father's side), two sons of a full brother, a wife, and three full sisters, in addition to the deceased having debts, and knowing that a full brother has been missing for over ten years?
First, the debt of the deceased must be paid before the estate is divided, because debt takes precedence over the right of the heirs.
If the heirs are limited to only the father and the wife, then the missing full brother is completely excluded by the father.
The wife receives one-fourth as a prescribed share due to the absence of a direct descendant, as Allah Almighty says: "And for them (wives) is one fourth of what you leave if you have no child." (An-Nisa: 12).
The remainder goes to the father by virtue of residuary inheritance, based on the saying of the Prophet, peace and blessings be upon him: "Give the prescribed shares to those entitled to them, and what remains is for the closest male heir."
The estate is divided into four shares: one share for the wife (one-fourth), and three shares for the father (the remainder).
Matters of inheritance should be referred to courts for review and investigation, as there may be wills, debts, or other rights that take precedence over the right of the heirs.
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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