How is the inheritance divided among the heirs: a son, three daughters, a paternal grandson, a paternal granddaughter, and a full paternal nephew, knowing that the deceased left a will allocating 80% of the rental value of one of the shops as an ongoing charity (Sadaqa Jariyah) and 20% for sponsoring an orphan?
The inheritance goes to his son and three daughters by ta'sib (agnatic inheritance), with the male receiving the equivalent of two females' shares. Nothing goes to the grandson, granddaughter, or the sons of the full brother, as they are completely excluded by the son. Thus, the inheritance is divided into five shares: two shares for the son and one share for each daughter. Each apartment is owned by all the heirs. You are entitled to two shares in each apartment, and each sister is entitled to one share. It is not permissible for some heirs to be given an entire apartment or to take the full rent, unless you all agree. As for the father's bequest of the shop's income as a continuous charity (sadaqa jariya) and sponsorship of an orphan: if he endowed its principal, it is a valid waqf (endowment) and must be executed within the limits of one-third of the estate. If the waqf does not exceed one-third of the estate, it is permissible without the heirs' consent. Any amount exceeding that depends on the heirs' approval. If he only bequeathed the income of the shop, this is a valid bequest of usufruct according to the majority of scholars, and it is valid within the limits of one-third of the estate. The determination of whether it equals, is less than, or exceeds one-third is made by assessing the value of the commercial shop whose income was bequeathed.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 114465
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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