What is the ruling on the action of our paternal uncles who are demanding their share of our grandfather's and grandmother's inheritance, despite the fact that our grandfather relinquished his share by will to his son's heirs, and our grandmother relinquished hers verbally before witnesses? And must the wife's share be distributed before dividing the inheritance?
The grandfather and grandmother waiving their share of the inheritance is valid if they are of sound mind and in good health, and documentation is not a condition for its validity. The uncles should be reminded of this waiver, and there is no obligation to give them anything except as a donation. As for the wife's share, if the deceased leaves a child, she receives one-eighth, and the remainder goes to the children, with the male receiving the share of two females, in application of the verses of inheritance and the : "Give the Fara'id (prescribed shares) to those who are entitled to them, and whatever remains is for the closest male."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 95153
- 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