What is the share of each heir from the mentioned inheritance, and what is the solution to the problem of the delayed sale of the building designated for the daughters, knowing that its market value has decreased, and they are demanding their right?
If the deceased leaves behind only a mother, a wife, sons, and daughters, then the mother receives one-sixth due to the existence of a inheriting descendant, and the wife receives one-eighth due to the existence of a inheriting descendant. The remainder is for the sons and daughters by way of ta'sib (agnatic inheritance), with the male receiving the share of two females.
The inheritance is divided into 504 shares: the mother receives 84 shares, the wife receives 63 shares, each son receives 34 shares, and each daughter receives 17 shares.
As for the money paid by the daughters to purchase the building: if it was a loan, then the amount must be returned to them regardless of the property's price, and they have the right to demand the sale of the building to reclaim their money. If repayment is difficult, they should wait until circumstances ease. If it was a partnership, then they are partners in it to the extent of what they paid, and they cannot demand the amount if the building's price decreases. In case of dispute, the matter must be referred to the court or to a scholar qualified to rule on such matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 173617
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy