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How is the estate of the deceased – which includes real estate, 3.6 billion in business funds, and 1 billion in real estate lawsuit costs, in addition to 5 large trucks, one small truck, and 3 cars – to be divided among his wife, his four sons, and his five daughters, taking into account the deceased's will regarding some of the real estate, and does the eldest son inherit from the business funds that he managed after his father's death, knowing that he returned 1 billion that he had taken from his father?

1 min readAlso available in العربية

If the deceased leaves behind only a wife, sons, and daughters, the wife receives one-eighth due to the existence of inheriting offspring. The remainder is for the sons and daughters by ta'sib (agnatic inheritance), with the male receiving the equivalent of two females' shares. The estate is divided into 104 shares: 13 shares for the wife, 14 shares for each son, and 7 shares for each daughter.

A bequest of some real estate to an heir is not binding unless the other heirs consent. Otherwise, the real estate is returned to the estate and divided according to Islamic law, and all heirs—males and females, adults and minors—inherit everything the deceased left behind. Real estate that is subject to a court case becomes part of the estate if ownership is ruled in favor of the deceased.

The money given by the father to his son is considered a debt and must be returned to the estate after the father's death. A claim that it has been repaid requires proof or the heirs' corroboration.

Regarding the sons who incurred losses in trade with the estate, a detailed explanation of the type of trade, the contract, and whether it was with the heirs' consent and without negligence is necessary to determine the Islamic ruling.

Finally, matters of inheritance are serious and complex. A mere fatwa is insufficient; rather, they must be referred to Sharia courts or discussed directly with scholars for investigation and to ensure that no rights or debts take precedence over the heirs' entitlements.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy