Should the deceased's will, "Two-thirds are upon you, my son," be executed before the inheritance is divided among the husband, son, and two daughters?
The mother's bequest that one-third of her estate goes to her son is considered a bequest to an heir and is not enforceable unless the other heirs consent. If the deceased left no heirs other than her husband, one son, and two daughters, the husband receives one-fourth due to the presence of a lineal descendant, as Allah states: "But if they have a child, then for you is one fourth of what they leave, after any bequest they [may have] made or debt." The remaining portion is for the son and the two daughters, with the male receiving the share of two females, as Allah states: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." Thus, the estate is divided into sixteen shares: the husband receives four shares, the son six shares, and each daughter three shares. Matters of inheritance should be referred to courts, as there may be issues that only become apparent through investigation and inquiry.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 117354
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy