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The question

How is an inheritance divided among four sons, a daughter, and a wife, given an oral will made by the deceased's son two months after his father's death and his son's wife, allocating a large sum of money to the deceased son and his brother in return for their efforts in farming, knowing that their expenses were covered by their father, and is this will considered valid and enforceable?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The wife's claim that the father verbally bequeathed to his son what she mentioned is not acceptable for two reasons:

1. It is merely a claim, and claims are proven either by the defendant's admission or by evidence. Here, evidence from one man and two women is acceptable. Ibn Qudamah said: "Property and what necessitates it—such as sales, leases, gifts, and bequests—accept the testimony of one man and two women." 2. Even if the bequest were proven, it would be a bequest to an heir, which is religiously forbidden, and its execution is contingent upon the consent of the heirs.

For someone who passed away leaving a wife, a daughter, and four sons, and no other heirs, the wife receives one-eighth as a prescribed share due to the presence of a lineal descendant heir, based on the Almighty's saying: "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." (An-Nisa:12). The remainder goes to the sons and daughter by way of ta'sib (residuary inheritance), with the male receiving the share of two females, based on the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." (An-Nisa:11).

The inheritance is divided into seventy-two shares: the wife receives nine shares, each son receives fourteen shares, and the daughter receives seven shares.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
131949
Imported
Translation status
Source text, unreviewed
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