How is inheritance divided among the mentioned heirs, taking into account the deceased's verbal will regarding the division of the lands, the house, the upper and lower floors, and the farm?
Bequests to children and the house to the mother (if she is his wife), and the upper floor to the daughters are bequests to an heir, which are not binding unless approved by the heirs. Whoever does not agree has the right to their legal share. The bequest of the lower floor to the father's wife (if she was not his wife) is a bequest to a non-heir and is executed from one-third of the estate. Any amount exceeding that depends on the heirs' approval. His statement about the farm, "Eat from it and feed others," is not considered a waqf (endowment). "Eat" is a bequest to the heirs, and "feed others" is a bequest to feed the poor from the farm, and the amount to be fed is left to the discretion of the heirs. If the deceased left only the aforementioned heirs, then his three wives receive one-eighth (divided equally among them), and the remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The sons and daughters of the son, and the brothers and sisters, do not inherit in the presence of sons. The estate is divided into 192 shares: the wives receive 24 shares (8 shares for each), each son receives 14 shares, and each daughter receives 7 shares.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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