What is the share of each heir from the deceased's estate, given that he has four sons, two daughters, and a wife, in addition to a will stipulating that the sponsored person receives the share of one of the sons, and that the will does not exceed one-third of the estate, according to the Maliki school of thought?
The will must be executed before the division of the inheritance. If the deceased bequeathed to someone a share equal to that of one of his children, then the legatee is considered like one of the children and is calculated as a fraction of the number of heirs (males and females equally), and then the remainder is divided among the heirs according to the prescribed share. So, if there are five heirs and the legatee is a sixth, he receives one-sixth of the estate.
If the deceased left no heirs other than the wife and children, the wife's share is one-eighth. Then the legatee is given one-sixth of the estate, and the remainder is distributed among the sons and daughters, with the male receiving the share of two females.
The inheritance should not be divided without consulting the Sharia courts, due to potential complications such as the existence of an unknown heir, or bequests and debts that take precedence over the heirs' rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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