What is the share of each heir from the deceased's estate if the heirs are: a father, six daughters, and a fetus belonging to the deceased's son's wife?
If a person dies and leaves behind his father and six daughters, and he had a son who died before him and left behind a pregnant wife, then the division of the inheritance is suspended until the birth is known (male, female, single, multiple).
First Scenario: If the birth is a male (or males) or a male and females: For the father: One-sixth (1/6) as a fixed share due to the presence of a lineal descendant. For the daughters: Two-thirds (2/3) as a fixed share due to their plurality and the absence of a male agnate ( عصبه ). The remainder: For the son of the son (the fetus) or his children, by agnatic succession ( تعصيبًا ). The origin of the inheritance is from six, and it is corrected from thirty-six shares: for the father, six shares; for the daughters, twenty-four shares (four for each daughter); and the remaining six shares for the son of the son (the fetus).
Second Scenario: If the birth is not male (female or females): The fetus receives nothing, as the daughters have completed their fixed share (two-thirds). For the father: One-sixth (1/6) as a fixed share, and the remainder by agnatic succession ( تعصيبًا ) because he is the closest agnate. It is recommended for the father and daughters to give something from the inheritance to the daughter of the son (the fetus). The origin of the inheritance is from six, and it is corrected from thirty-six shares: for the father, twelve shares; for the daughters, twenty-four shares.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 162396
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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