Must children residing in the deceased's home pay rent, or is that deducted from their share of the inheritance?
If the deceased leaves behind only his wife, sons, and daughters, then the wife receives one-eighth as a prescribed share due to the presence of a lineal descendant, based on the Almighty's saying: ﴿فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ﴾ [But if you have a child, then for them is one eighth of what you leave, after any bequest you [may have] made or debt]. The remainder goes to the sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, based on the Almighty's saying: ﴿يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ﴾ [Allah instructs you concerning your children: for the male, what is equal to the share of two females]. The inheritance is divided into 72 shares: the wife receives 9 shares, each son receives 14 shares, and each daughter receives 7 shares. If some of the heirs reside in the inherited house, the others have the right to demand rent from them, such that their share of the rent is deducted, and they pay the remainder, or what exceeds their right to the house's rent is deducted from their share of the inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 112706
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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