How is the inheritance divided among the deceased's heirs: (a father), (3 full brothers), (a mother), (one daughter), (a maternal grandmother), (two full sisters), given that one of the brothers is owed a debt and the deceased did not perform Hajj despite being able to?
The deceased's debts and Hajj obligations must be settled from their estate before its division, based on the Almighty's saying: "after any bequest he [may have] made or debt." Scholars differed on whether to prioritize the debt owed to Allah or to His servants when the estate is insufficient. Hanafis believe that debts owed to Allah are waived upon death unless a will specifies otherwise. Malikis prioritize the rights of servants. Shafi'is prioritize the rights of Allah, citing the Hadith: "The debt owed to Allah is more deserving of being fulfilled." The preponderant view among some scholars is that they should be equally shared.
In this case, the daughter receives half, the mother one-sixth, and the father one-sixth, with the remainder taken by the father by way of ta'sib (residuary heirship). The grandmother and siblings are excluded by the presence of the mother and father. The estate is to be divided into six shares: three for the daughter, one for the mother, and two for the father.
Issues concerning inheritances must be brought before Sharia courts for investigation due to the potential existence of wills, debts, or other rights that take precedence over the heirs' rights.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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