How is an inheritance divided among a wife, six sons, and three daughters, knowing that three of the sons are from divorced mothers, and three sons and three daughters are full siblings from the last wife, and how is the value of a land agreed to be sold and the rents of other properties divided?
If the deceased leaves no heirs except his wife, his six sons, and his three daughters, then his wife receives one-eighth as a prescribed share 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, after any bequest you [may have] made or debt." The remainder goes to his sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, based on 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 120 shares: the wife receives 15 shares, each son receives 14 shares, and each daughter receives 7 shares. Real estate, rents, and financial sums are divided according to the same ratio. Wives who passed away before him or divorced wives whose waiting period (iddah) ended before his death inherit nothing. It must be noted that matters of inheritance are serious and complex, and a mere fatwa is insufficient. Rather, it must be referred to Sharia courts to investigate the existence of any other heir, bequests, debts, or rights that take precedence over the heirs' right.
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- Ftawy
- Original fatwa ID
- 114214
- Imported
- Translation status
- Source text, unreviewed
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