How is the inheritance divided among the wife, three sons, two daughters, two full brothers, two full sisters, one full nephew, and an unborn child (fetus) of a grandson, with debts owed by the deceased?
The deceased's debts must be settled first from his estate before its division. Then the estate is divided. The wife receives one-eighth due to the existence of lineal descendants, as Allah Almighty says: "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 ta'sib (agnatic inheritance), with the male receiving the share of two females, as Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." The fetus, full brothers, their sons, and full sisters do not inherit, as they are completely excluded by the deceased's direct son. It is recommended to refer inheritance matters to the Sharia courts for investigation, as there may be wills, debts, or other rights unknown to the heirs.
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- Original fatwa ID
- 105585
- Imported
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