How are the two apartments bequeathed to the deceased's children (three daughters and two sons) to be divided? And does the male's share equal that of two females, or are the shares equal in this bequest?
There is no will for an heir, based on the Prophet’s (peace and blessings be upon him) saying: "Indeed, Allah has given every rightful person his due right, so there is no will for an heir," unless the heirs permit the will.
If they permit it, it becomes valid. If some of them permit it, it is executed concerning those who permitted it, but not others.
Accordingly, the two apartments bequeathed to the deceased's sons and daughters are considered inherited property, with the male receiving the share of two females, unless the heirs mutually agree otherwise. If any of the heirs do not consent to the legal distribution, or if they are not legally competent to act, they have the right to refuse. A legally competent person is one who is an adult and of sound judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/33400
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 33400
- Added here
- . 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