What is the share of the legal heirs of a deceased man (4 sons, 3 full brothers, 1 maternal half-brother) and women (mother, 7 daughters, wife, 1 full sister), knowing that the deceased's mother, full brothers, and full sisters died after him? Do the sons, daughters, and wives of the deceased's brothers have a right to inheritance through the deceased's mother? Is it permissible to disinherit them? And what are their shares?
If the heirs are limited to those mentioned, then the mother receives one-sixth due to the presence of a lineal descendant, and the wife receives one-eighth due to the presence of a lineal descendant. The remaining portion goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The brothers, sisters, and nephews are excluded by complete exclusion due to the presence of a male lineal descendant. The mother's husband receives nothing from the inheritance. The mother's share transfers to her heirs, such as her sons and daughters, and her direct son excludes her grandson by complete exclusion. The distribution of the mother's share cannot be determined without inventorying her heirs. Matters of inheritance are serious and complex and must be referred to courts for investigation, inventorying of heirs, wills, debts, and other rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 106366
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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