How is the estate of a man who died leaving a wife, two sons, and a daughter calculated, knowing that he stipulated that only males inherit, and he left two grandsons from two sons who died during his lifetime, and he did not perform Hajj despite being able to, and no one performed Hajj on his behalf?
Before the distribution of the inheritance, the debts of the deceased must be settled, including the cost of Hajj performed on his behalf. These debts take precedence over the rights of the heirs.
If a will disinherits a daughter or causes her harm, it is an unjust and invalid will, and is considered a major sin.
As for a will made in favor of grandchildren whose parent died before the testator, it is a valid and enforceable will for a non-heir. If the amount bequeathed to them is not specified, the heirs may give them whatever they wish.
If the heirs are the wife, sons, and a daughter, the wife receives one-eighth, and the remaining portion is for the sons and daughter by way of ta'sib (residuary inheritance), with the male receiving the share of two females.
Finally, it must be noted that matters of inheritance are serious and complex, and should be referred to the Sharia courts for review and verification.
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- Original fatwa ID
- 113969
- Imported
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- Source text, unreviewed
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