What is the share of each heir from the deceased's estate, which consists of 26 qirats of agricultural land and a house, if his heirs are: (1) full brother, (3) daughters, and (1) wife?
If the heirs of the deceased are limited to his daughters, wife, and brother, his estate is divided as follows:
- The daughters receive two-thirds due to their multiplicity, based on the Almighty’s saying: {But if there are [only] daughters, two or more, for them is two thirds of what he left.}
- The wife receives one-eighth due to the presence of a lineal descendant (the daughters), based on the Almighty’s saying: {But if you have a child, for them is an eighth of what you left.}
- What remains after the shares of the daughters and wife is for the brother by way of asabah (residuary heir), based on the Prophet’s (peace be upon him) saying: "Give the prescribed shares to those entitled to them, and what remains is for the closest male."
- The common denominator for the estate is 24, and it is corrected to 72 shares: 48 shares for the daughters (16 shares for each), 9 shares for the wife, and 15 shares for the brother.
- The land and house are divided among the heirs according to this legal division, and each heir takes their specified share.
- If the heirs are adult and mature and agree among themselves on a different division, there is no harm in that, even if it results in a decrease or increase in the share of one of them. This is called "division by mutual consent."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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