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How is the estate of a deceased father, which consists of two houses, to be distributed among his two wives (the deceased and the living) and his children (male and female, adult and minor), and is delaying the division of the inheritance under the pretext of waiting for the minor to reach puberty permissible in Sharia?

1 min readAlso available in العربية

If a father passes away, leaving behind a wife, four sons, and four daughters, and no other heirs, then the wife receives one-eighth (1/8) due to the presence of a lineal descendant heir, based on the verse: "But if you have a child, then for them [the wives] is one eighth of what you leave." The remaining inheritance is divided among the sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, based on the verse: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."

The inheritance is divided into 96 shares: the wife receives 12 shares, each son receives 14 shares, and each daughter receives 7 shares. The share of a minor is kept in full, and their guardian or executor is responsible for its management.

As for delaying the distribution: it is preferable to expedite it as long as there is a minor among the heirs, in order to distinguish and safeguard their share. It is best to refer the matter to a judge to appoint an executor or guardian for the minors.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy