How is the inheritance distributed among 4 sons, 5 daughters, and a wife, given that one son died after his father, and there are two minor daughters for whom the middle son is the guardian, and is it permissible for the guardian to request rent from the siblings living in the deceased's house?
An son who dies after his father inherits his share of his father's estate, and his share then passes to his own heirs. If the house is part of the estate, the father's heirs can agree with the deceased son's heirs for them to reside in the house or pay the equivalent of their share of the rent. If the son's heirs request partition, and the house can be divided without harm (loss of value), then it must be divided. However, if partition would cause harm, the house is sold, and each heir is given their share.
As for how the estate is divided: If a person dies leaving behind a wife, four sons, and five daughters, the wife receives one-eighth as her prescribed share, and the remainder is distributed among the sons and daughters by way of ta'sib (agnatic inheritance), with the male receiving the share of two females. If the son who died after his father was one of the four sons mentioned, then the estate is divided into 104 shares: the wife receives 13 shares, each son receives 14 shares, and each daughter receives 7 shares, and the heirs of the deceased son take his shares. However, if the deceased son was in addition to the four, then the estate is divided into 120 shares: the wife receives 15 shares, each son receives 14 shares, and each daughter receives 7 shares.
The questioner is advised that matters of inheritance are serious and complex, and a mere fatwa is insufficient. Rather, the matter must be referred to the Sharia courts for review and investigation to ensure the rights of both the living and deceased heirs are protected.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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