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The question

Does what was written in the name of the mother or some of the children before death count as part of the inheritance, or is everything the father left after his death divided according to Sharia?

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

What a father writes in the name of one of his heirs with the intention that they take it after his death is considered a bequest to an heir. This bequest is not binding unless the remaining heirs, provided they are adult and of sound mind, agree to it; otherwise, it is returned to the estate.

However, if he writes it in the name of his wife or one of his children as a "gift" (hiba) and she takes possession of it during his lifetime and disposes of it as an owner, then the gift is complete and becomes the property of the donee, and it does not enter into the estate. Some jurists consider the gift invalid if the father does not treat his children equally in it.

If the father leaves behind a wife, five sons, and three daughters, the wife receives one-eighth due to the existence of a inheriting offspring. The remainder goes to the sons and daughters by way of ta’seeb (agnatic inheritance), with the male receiving the share of two females. The estate is divided into 104 shares: 13 shares for the wife, 14 shares for each son, and 7 shares for each daughter.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
132168
Imported
Translation status
Source text, unreviewed
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