How should the estate of a deceased father be divided, if he left behind a son, a daughter, a wife, and a mother suffering from memory loss, while he also has brothers and sisters, and his mother passed away after him, leaving behind her living children and the children of her deceased children?
The inheritance of the deceased father is divided among his mother, his wife, his son, and his daughter. There is nothing for his brothers and sisters due to being blocked by the son. The mother receives one-sixth due to the presence of the inheriting offspring and the جمع (plurality) of brothers. The wife receives one-eighth due to the presence of the inheriting offspring. The remaining portion goes to the son and daughter by way of ta'sib (residuary inheritance), with the male receiving the share of two females. The estate is divided into 72 shares: 12 for the mother, 9 for the wife, 34 for the son, and 17 for the daughter. Then, the mother's share is divided among her heirs after they are identified.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 189812
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy