Is it permissible to count a debt against the deceased if he bequeathed the construction of a property for his daughters from his private funds, the construction of which was not completed at the time of his death, knowing that the male children carried out administrative and financial tasks related to other properties allocated to some heirs? And does the mother of the deceased inherit a portion of a property that the deceased registered in her name for one-third of its value from her private funds instead of it being an inheritance for her?
The confined heirs mentioned are the wife and the direct children only. The sons exclude the sons' and daughters' children and siblings by complete deprivation.
First, debts must be paid. Then, the remainder is divided: the wife receives one-eighth due to the existence of a inheriting offspring, as Allah states: (But if you have a child, then for them [the wives] is one-eighth of what you leave). The remaining portion goes to the children, with the male receiving twice the share of the female, as Allah states: (Allah instructs you concerning your children: for the male, what is equal to the share of two females). The original estate is calculated from 8 and is corrected to 136 shares: the wife receives 17 shares, each son receives 14 shares, and each daughter receives 7 shares.
Regarding the additions: 1. What the father mentioned to the daughters and their mother before his death does not become their right after his death because it became part of the estate. 2. What the father spent on some of his children during his lifetime does not need to be generalized to the rest, nor are the minors and young children to be compensated from the estate for it. 3. If the father favored some in his gifts and died before reclaiming them, then that gift is established for the recipient, and the heirs have no right to reclaim it. 4. The mere registration of the medical complex in the name of one of the daughters does not make it exclusive to her unless she contributed to it with her own money. Similarly, the building registered in the wife's name is not hers unless she took full possession of it. If it is proven that the father took money from the wife, it is considered a debt to be paid from the estate. 5. What the father took from some individuals under the pretext of buying land but did not buy it is considered a debt from the estate's debts. What the father recorded requires judicial clarification.
It is advisable to refer the matter to the Sharia court to examine all details.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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