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The question

Are the expenses of Hajj, Sadaqa (charity), and Hibah (gift) to be disbursed from the deceased's estate before its division among the heirs, who are four full brothers and four full sisters, and how is the remaining wealth to be divided?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a woman has not performed the obligatory Hajj despite being able to, and no one has performed Hajj on her behalf, then an amount sufficient for her Hajj should be taken from her estate before its distribution among the heirs. This is because Hajj is an obligatory debt that takes precedence over the division of inheritance, as indicated by the noble verse: "after any legacy she may have bequeathed or a debt" (Quran 4:12), and the of Ali: "The Messenger of Allah (peace be upon him) ruled that debt takes precedence over bequest." As for charity or a gift, it is not disbursed from the estate unless she made a bequest for it, because it is not an obligation. If the deceased leaves behind only full brothers and sisters, her estate is distributed among them by ta'sib (residuary inheritance), with the male receiving the share of two females, in accordance with the Almighty's saying: "And if there are brothers and sisters, male and female, then for the male will be the share of two females" (Quran 4:176). The estate is then divided into twelve shares, with each brother receiving two shares and each sister receiving one share.

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Where this answer came from
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Ftawy
Original fatwa ID
113624
Imported
Translation status
Source text, unreviewed
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