What is the inheritance due to the aforementioned heirs (5 sons, a father, a maternal half-brother, a paternal full uncle, a mother, 3 daughters, a wife, two full sisters), taking into consideration the deceased's bequest to his maternal uncle of a share equal to that of the mother, his estate of 12,0 EGP, his funeral expenses of 375 EGP, and his debts of 665 EGP?
First, the expenses for preparing the deceased must be paid, then debts must be settled before dividing the inheritance, because settling debts takes precedence over the rights of the heirs, as Allah Almighty says: "from after a will he may have bequeathed or a debt." Then the will is executed and paid to the legatee before the division of the inheritance, provided that it is for a non-heir and does not exceed one-third.
His bequest to his maternal uncle of a share equal to his mother's share is valid. If the deceased left no heirs other than a mother, a father, a wife, five sons, and three daughters, then his mother gets one-sixth and his father gets one-sixth due to the existence of a direct descendant, and his wife gets one-eighth due to the existence of a direct descendant. The remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The brother from the mother's side, the full sister, and the paternal uncle do not inherit due to the presence of the father and sons.
The inheritance is first divided into twenty-four shares, and four shares (equal to the mother's share) are added to the original division. So, it is finally divided into twenty-eight, with each heir receiving their specified share, and the maternal uncle, the legatee, receives four shares. The remaining amount after deducting the debt and preparation expenses is 10,960 pounds.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 160066
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy