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The question

Is it permissible to consider the excess amount paid to the deceased husband's sister, under duress, as the price for the heirs' share of the household furniture, even though the value of the furniture is less than that amount?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

First: The inheritance transfers to the heirs immediately upon the death of the deceased, unless there are debts associated with it. Its division cannot be delayed except by agreement of the heirs. If one of them requests their share, it must be given to them.

Second: It is permissible for the heirs to agree to divide the inheritance by mutual consent for a specific sum, even if one's share increases or decreases from what they are entitled to. This is known as "division by mutual consent." There is no objection to heirs waiving their share for an agreed-upon amount. However, if the heirs force you to pay an excessive amount to obtain your right or to avoid selling the property for less than its value, this is forbidden for them.

Third: The furniture left by the husband in the apartment belongs exclusively to the wife if it was part of her dowry or if custom dictates so. Otherwise, it is part of the overall inheritance. If the agreement includes waiving their share of the estate for a sum, then it appears that this includes the apartment with its minor furnishings.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
20072
Added here
. 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.
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Read the full answer on Ftawy