What is the share of each heir from the deceased's estate, given male heirs (4 sons, a grandson, two full brothers, a half-brother from the father's side, 7 sons of a full brother, 3 sons of a half-brother from the father's side) and female heirs (2 wives, 2 full sisters), with debts owed by the deceased?
Before dividing the inheritance, the debts of the deceased must be paid, because debt takes precedence over the rights of the heirs. Then, the remainder is divided according to Islamic law. The two wives receive one-eighth due to the existence of lineal descendants. Allah Almighty says: "{But if you have a child, then for them [the wives] is one eighth of what you leave, after any bequest you [may have] made or debt}." The remainder goes to the sons by way of ta'sib (residuary inheritance), based on the saying of the Prophet, peace and blessings be upon him: "Give the prescribed shares to those who are entitled to them, and whatever remains is for the closest male relative." The remaining heirs receive nothing, as they are excluded from inheritance by the sons by way of hirman (complete exclusion). Thus, the inheritance is divided into thirty-two shares: the two wives receive four shares (two shares for each), and each son receives seven shares.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/119892
- Source platform
- Ftawy
- Original fatwa ID
- 119892
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy