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What is the share of the heirs of the deceased shop owner's wife, as well as the share of his two brothers' heirs, from the shop leased from the Ministry of Awqaf, which was relinquished for 60,0 EGP, given that the deceased has no children and has a deceased wife, and he has two deceased brothers, one of whom has two daughters and two sons, and the other has two daughters, and that the deceased wife has three brothers and one sister, all of whom have passed away and have male and female children?

1 min readAlso available in العربية

The rental contract is invalid if it lacks a specified duration, because perpetual rental contracts are not permissible in Islamic law. The rented property should be reclaimed from the renter, and the Ministry is permitted to sell it. The division of money received in exchange for waiving the rented property has two cases: First, if the waiver is according to forbidden forms, then the money is not permissible and must be returned. Second, if the waiver is according to permissible forms, then the money is permissible and is divided among the heirs. If a man's wife and brothers passed away before him, then what he leaves behind is exclusively for his nephews (sons of his brothers) by way of ta’sib (residuary heirship). However, if he passed away before them, then his wife receives one-quarter as a prescribed share due to the absence of offspring, and the remainder goes to his two brothers by way of ta’sib. It is important to note that matters of inheritance are serious and complex; therefore, a mere fatwa is insufficient. Instead, they must be referred to the Sharia courts for investigation and consideration.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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