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How is the inheritance divided among: a husband, a full brother, a paternal half-brother, two maternal half-brothers, and a full sister; considering there is a will regarding money the deceased borrowed, stipulating that it not be given to the heirs, but rather used for Hajj, and the remainder be given as charity?

1 min readAlso available in العربية

The inheritance is to be divided as follows: the husband receives one half (9 shares), the two maternal half-brothers receive one third (6 shares, 3 for each), the full-brother receives two shares, and the full-sister receives one share, making a total of 18 shares.

Regarding the will: 1. Conditioning a gift on death constitutes a will, and it transforms into a will for Hajj and charity after the deceased's approval. 2. Proof of the executorship must be established; otherwise, the money must be returned to the heirs unless they ratify it. 3. If the executorship is proven, the will is to be executed, even without the knowledge of the heirs, provided no harm results from it. 4. If the deceased had not performed the obligatory Hajj (Hajj al-Islam), her will must be executed. The cost of the obligatory Hajj is to be calculated from the principal capital of the estate (like human debts), not from the one-third allocated for bequests, and it should commence from the miqat (designated starting point for Hajj). 5. Charity is to be calculated from the one-third allocated for bequests, and any amount exceeding this is not enforceable unless the heirs consent. 6. If the Hajj was supererogatory, there are two opinions regarding the validity of the will, and the most prevalent view is its validity, to be calculated from the one-third allocated for bequests.

It is advisable to refer inheritance matters to the Sharia courts for an accurate verification of all rights and bequests.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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