How is cash and equipment income divided, and what is the share of each heir in cash after selling the lands, between the wife, the (one) son, and the (five) daughters, taking into consideration the deceased's will for a one-third charity from the cash and equipment only?
For the wife, one-eighth (1/8) is allocated due to the presence of an heir-apparent, as Allah the Almighty says: "But if you have a child, then for them (your wives) is one eighth of what you leave, after any bequest you [may have] made or debt." The remainder goes to the son and daughters by way of ta'sib (agnatic inheritance), with the male receiving the equivalent of the share of two females, based on Allah the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." The inheritance is divided into eight shares: one share for the wife, two shares for the son, and one share for each daughter. A bequest of one-third (1/3) of the cash and equipment as charity to a non-heir is valid, but it is enforceable only up to one-third. Anything exceeding one-third depends on the consent of the heirs.
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- Original fatwa ID
- 163578
- Imported
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