How are four houses to be divided among them: three males and three females, especially since two houses are inhabited by two brothers, and the other two houses are rented annually? Is it permissible for the two brothers to take the rental money, and how should this money be divided?
All properties left by the deceased are rightfully due to all heirs without exception, and each heir has an undivided share therein. It is not permissible for some heirs to exclusively appropriate the rent of inherited property or to reside in it without the permission of the others. The remaining heirs have the right to demand their share of the rental income. To divide the inheritance, the heirs must be clearly identified.
Example: If the heirs are a wife, four sons, and three daughters, and the deceased left no one else; then the wife receives one-eighth (due to the presence of a lineal descendant), and the remainder goes to the sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females. The inheritance (rent and properties) is divided into eighty-eight shares: the wife receives 11 shares, each son receives 14 shares, and each daughter receives 7 shares.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 170886
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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