Must the will of the deceased be applied to the children of his brother who died before him, such that they are treated as a living brother when the inheritance is divided among his seven sons, two daughters, and his wife?
The exact meaning of your question is not entirely clear to us. However, if the intention is that the father bequeathed to his grandchildren the share their deceased father would have received had he been alive, then this is a valid and enforceable bequest, as it is made to a non-heir and does not exceed one-third of the estate.
The matter is first resolved by assuming the male children are alive. Then, an amount equivalent to the share of one of the sons is added to the original estate and given to the grandchildren. The estate is divided into 142 shares: the wife receives 16 shares, each daughter receives 7 shares, each of the seven sons receives 14 shares, and the beneficiaries of the bequest (the grandchildren) receive 14 shares.
We emphasize that matters of inheritance are complex and delicate. A mere is insufficient; rather, the case must be brought before the courts for investigation and to ensure the rights of all parties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 108030
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy