Do the two daughters of a deceased son's daughter and the two sons of a deceased son have a share in the inheritance, given that they passed away before the grandfather, or is the inheritance limited to the four surviving daughters?
We understand that the man passed away leaving behind a wife, four daughters, two grandsons (sons of a son), and two granddaughters (daughters of a daughter). The wife inherits one-eighth due to the existence of a inheriting offspring. The four daughters inherit two-thirds. What remains goes to the two grandsons, because they are the closest male agnatic heirs. The granddaughters do not inherit because they are not heirs in the first place.
The inheritance is divided into 48 shares:
The wife gets her one-eighth (6 shares). The daughters get their two-thirds (32 shares), with each daughter receiving 8 shares. Each grandson gets 5 shares.
What the sister who asked the question mentioned, that the inheritance was distributed only among the daughters, is incorrect, because the wife inherits and the grandson inherits in the absence of a son higher in degree to the deceased.
We caution the questioner that matters of inheritance are critical and should not be settled merely by a . Rather, it must be referred to the courts for investigation and to inquire about wills, debts, and other rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 94326
- Added here
- . 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