How is the legal inheritance distributed among: (a son - 5 daughters - a wife), knowing that the inheritance is limited to a house valued at 3,300,000?
If the deceased leaves behind no heirs other than a wife, a son, and daughters, then the wife receives one-eighth (1/8) as a prescribed share due to the presence of a lineal descendant, based on the Almighty's saying: "But if you have a child, then for them is one eighth of what you leave, after any bequest you [may have] made or debt." The remainder goes to the son and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, based on the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
Thus, the inheritance is divided into eight shares: one share for the wife, two shares for the son, and one share for each daughter.
If the house cannot be practically divided among the heirs, and one of them requests its sale, then it must be sold, and its price divided among them according to Islamic law, because "anything that cannot be divided shall be sold and its price distributed if one of the partners requests it."
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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