How is the estate of a deceased person, who left 864 feddans, divided among his heirs: a father, a mother, a single daughter, and a pregnancy carried by the wife of the deceased's son?
If the deceased is survived only by his mother, father, daughter, and his son's child (a fetus), then the mother receives one-sixth and the father receives one-sixth due to the presence of a lineal descendant heir. His daughter receives one-half. The remainder is suspended until the status of the fetus becomes clear. If the fetus is stillborn, the suspended share is returned to the father. If the fetus is born alive and is male, he takes the suspended share as the son of the son. If it is female, she takes the suspended share as a prescribed portion, because the son's daughter, along with the deceased's daughter, takes one-sixth to complete two-thirds.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 195029
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- . 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