How are the remaining shares and bank guarantee distributed after the company's failure and the death of one of the sons, especially with a dispute among the heirs regarding the method of distribution?
The inheritance of mortgaged shares is divided as follows: the wife receives one-eighth, and the remainder is for the children, with the male receiving the equivalent of two females' shares. If the heirs are adult and of sound mind, their agreement to divide the shares and the bank guarantee equally is considered enforceable. Otherwise, it cannot be enforced if there is a minor or a prodigal among them. To calculate the inheritance, the value of the remaining shares is added to the company's founding capital and the bank guarantee amount (if separate). The resulting sum is then divided among the heirs, deducting what each has already taken. If there are wards or if the agreement is for equal sharing in profit and loss without involving the principal capital, the money is divided according to the original estate, as the share of a ward cannot be reduced. Usurious loans are forbidden (), and one must repent from them. It is preferable to present this type of issue to courts due to its complexity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 58054
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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