How is the inheritance divided among the mentioned heirs when the deceased has debts?
Before dividing the inheritance, the debts of the deceased must be paid off, as they take precedence over the rights of the heirs.
If the heirs are those mentioned, then the wife receives one-eighth due to the presence of a lineal descendant, based on the Almighty's saying: "But if you have a child, then for them is one eighth of what you leave, after any bequest you [may have] made or debt."
The remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females, based on the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The two brothers from the mother's side, the full sister, and the sister from the father's side receive nothing; they are excluded from inheritance by complete deprivation.
The inheritance is to be divided into twenty-four shares: the wife receives three shares (one-eighth), each son receives two shares, and each daughter receives one share.
Inheritance matters should be referred to the courts for investigation and to ensure that there are no other heirs, bequests, debts, or rights that take precedence over the heirs' rights, in order to protect the interests of both the living and the deceased.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 107506
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy