Back to search

What is the ruling on dividing the estate of a deceased person who has 8 sons, 3 daughters, and two wives, given that there is a will allocating land representing approximately two-thirds of the estate to the four sons from the second wife, in addition to another piece of land that the father took from one of his sons and registered in his own name? And must these lands be included in the general inheritance or not?

1 min readAlso available in العربية

If the deceased left no heirs other than those mentioned, then his two wives receive one-eighth as their prescribed share due to the presence of a lineal descendant. The remaining portion is distributed among the sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females. Based on this, the inheritance is divided into 304 shares: the two wives receive 38 shares (19 for each), each son receives 28 shares, and each daughter receives 14 shares.

A bequest to an heir is legally prohibited and does not take effect unless the other heirs consent. Therefore, the land that the father registered to some of his sons is a bequest to an heir. If the other heirs do not consent, it must be divided according to Islamic law.

As for the land that the father registered in his name after taking it from one of his sons, if taking it caused harm to the son or if the son was in need of it, then it must be returned to him and does not enter into the inheritance. This is because a father taking from his son's wealth is conditional on not harming the son, or on the son not needing it, and on not giving it to another child.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy