Is it permissible for the deceased to stipulate in his will that his daughters and wife be allowed to reside in the marital home, and that it not be included in the inheritance? And how is the inheritance to be divided among the legal heirs, who are: three daughters, a wife, and two full sisters?
If a man dies, leaving only a wife, three daughters, and two full sisters, the inheritance is distributed as follows:
The wife: Receives one-eighth (1/8) 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." The daughters: Receive two-thirds (2/3) as they are three daughters, based on the Almighty's saying: "But if there are [only] daughters, two or more, for them is two-thirds of what he left." The two full sisters: Receive the remainder by virtue of ta'sib (residuary heirship), as the sister becomes a residuary heir with the female lineal descendant.
The estate is divided into 144 shares: the wife receives 18 shares, the daughters receive 96 shares (32 shares for each), and the two full sisters receive 30 shares (15 shares for each).
As for the deceased's will that the house be for his wife and daughters, it is a bequest to an heir and is not executed except with the consent of the two full sisters. If one of them does not consent, she has the right to take her full legal share from the house.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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