How is the inheritance distributed for a husband who passed away, leaving behind a pregnant wife, two sons, two daughters, a mother, and two brothers?
The division of the inheritance cannot be determined until the heirs are accurately identified. If the heirs are the mother, the wife, the children (including the fetus), and the two full brothers, then the mother inherits one-sixth due to the presence of a descendant heir. The wife inherits one-eighth due to the presence of a descendant heir. The remaining portion goes to the children by way of ta'sib (agnatic inheritance), with the male receiving the share of two females. The two full brothers do not inherit due to the presence of a son. It is preferable to delay the division of the inheritance due to the presence of a fetus until its condition is clear. However, the mother and wife can be given their shares before the birth of the fetus, as their shares do not change.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 178522
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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