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The question

What is the legitimate right of two wives regarding the inheritance of a deceased husband who has debts, and is it obligatory to pay off his debts and perform an ongoing charity (Sadaqa Jariyah) before dividing the inheritance?

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

The debts of the deceased must be paid first before dividing the inheritance, based on the Almighty's saying: "from after any legacy he may have bequeathed or debt." Also, the cost of performing Hajj on his behalf must be defrayed if he did not perform the obligatory Hajj despite being able to, even if he did not explicitly instruct it. No heir is permitted to take anything from the inheritance for charity without the consent of the other heirs. After settling debts and defraying the Hajj expenses, the inheritance is divided according to Islamic law. Wives receive one-fourth if the deceased has no direct lineal descendants. Real estate registered in the wives' names as a bequest is considered part of the estate, and there is no bequest for an heir. However, a valid gift meeting its conditions (not given during death sickness and possessed by the wives) is their property and does not enter the estate. Siblings inherit if there is no one to block their inheritance, regardless of their relationship to the deceased.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
174983
Imported
Translation status
Source text, unreviewed
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