What is the share of each heir from the deceased's inheritance, is an oral will valid for the house inhabited by the children if it has no financial income, and is the wife's money, which was combined with the husband's money and used to build shared properties, considered part of the inheritance or not?
The father and mother each receive one-sixth of the inheritance, and the wife receives one-eighth. The remaining portion goes to the son and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The brothers, their sons, sisters, paternal uncles, and their sons receive nothing due to being excluded by the father and son. The estate is divided into 168 shares: the father receives 28 shares, the mother 28 shares, the wife 21 shares, each daughter 13 shares, and the son 26 shares. The father's will stipulating that the house belongs to the heirs is invalid because it is a bequest to an heir, and it is not executed unless the other heirs consent. If the testator was unconscious, the will is never executed. The mother's claim of contributing to the construction of the house requires proof. If proven, the mother receives her share of the house commensurate with what she spent, and the children inherit only their father's share. If no proof is presented, the paternal grandparents (father's father and father's mother) must swear an oath that they have no knowledge of her contribution, provided they are of sound mind. The children's testimony in favor of their mother regarding her participation in the construction is not accepted due to kinship and because they would derive a benefit for themselves.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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