Is the inheritance divided among the wife, the seven males, the two daughters, the ten grandsons (sons of the son), the twelve granddaughters (daughters of the son), the four great-grandsons (sons of the son of the son), the full brother, and the eleven nephews (sons of the full brother), knowing that the wife is mentally absent?
If the heirs of the deceased are limited to those mentioned, then the heirs are: his direct children (males and females) and his wife only. Others are excluded by the direct descendants. The inheritance is divided such that the wife takes one-eighth as a prescribed share due to the presence of children, and the remainder is divided among the children by ta'sib (residuary heirship), with the male receiving the share of two females. The wife's mental incapacity does not affect her share. The matter of inheritances must be submitted to the courts to verify all heirs, wills, and debts, as these take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 102418
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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