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What is the method for dividing the inheritance of the deceased, which includes four sons, four daughters, one wife, two full brothers, and two full sisters, given a will stipulating equality between male and female, and debts that include not performing the Hajj despite being able, expiations, and other debts?

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If the father exerted effort to obtain a Hajj visa but was unable to do so, he is not considered negligent, nor is there any sin upon him, and Hajj is not obligatory on his behalf due to lack of ability. This is because the absence of an impediment to reaching Makkah is a condition for Hajj. However, if he passed away after being able to obtain a Hajj visa but did not perform Hajj, then the cost of someone performing Hajj and Umrah on his behalf must be paid from his estate before its distribution. Debts and expiations must also be paid from the deceased's estate before its distribution. The will to equalize between males and females is not permissible according to Sharia, because it is a bequest to an heir and is not executed unless all heirs agree. The wife receives one-eighth due to the presence of a lineal descendant, and the remainder goes to the sons and daughters, with the male receiving the share of two females. The two brothers and sister receive nothing due to the presence of the children.

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Ftawy
Original fatwa ID
177752
Imported
Translation status
Source text, unreviewed
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