What is the share of each heir from the deceased's estate, given that he has 5 sons and 6 daughters and one wife, with debts owed by the deceased, and clarifying that the sons and daughters are from two wives (the first deceased and the second divorced) and the current wife has no children?
If the deceased leaves behind only one wife, five sons, and six daughters, the wife receives one-eighth (1/8) as her prescribed share due to the existence of a lineal descendant, based on the Almighty's saying: "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 is for the sons and daughters by way of ta'seeb (residuary inheritance), 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 inheritance is to be divided into 128 shares. The wife receives 16 shares. Each son receives 14 shares, and each daughter receives 7 shares. All sons and daughters inherit by virtue of kinship, whether they are from the first wife or the second. Inheritance cases must be referred to courts for investigation, as there may be bequests, debts, or other rights that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 111759
- 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