How is the inheritance to be divided among the heirs of the deceased—as specified in the request—taking into consideration the death of some heirs after the death of the testator, and the changes that have occurred to the assets of the estate?
The heirs of the deceased are his parents, his wife, and his children, both males and females, while the brothers and the paternal uncle are excluded by complete deprivation. The wife's share is one-eighth due to the presence of a direct heir. Each parent receives one-sixth due to the presence of a direct heir. The remainder of the inheritance is divided among the children by ta'sib (agnatic succession), with the male receiving double the share of the female. The inheritance is divided according to its current value, including its profits, and the time elapsed between the death and the division is not taken into account. Whoever cultivated or developed the inheritance is entitled to compensation for their work if they were not a volunteer. The share of an heir who dies after the deceased reverts to their own heirs. Any heir may, with their consent, relinquish their right to another. The deceased's brothers do not inherit directly from him; rather, they inherit from their father's share of the deceased's estate.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 108591
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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