How is the estate of a person who died, leaving behind a father, a mother, a wife, a brother, and two daughters, to be distributed, and is the marital home part of the estate?
If a man dies and leaves behind a father, a mother, a wife, two daughters, and a brother, his inheritance is divided as follows:
The father receives one-sixth, and the mother receives one-sixth, based on the Almighty's saying: (And for his parents, each of them the sixth of what he left if he had a child) [An-Nisa'/11]. The wife receives one-eighth, based on the Almighty's saying: (But if you have a child, then for them [the wives] is one eighth of what you leave) [An-Nisa'/12]. The two daughters receive two-thirds, based on the Almighty's saying: (But if there are [only] daughters, two or more, for them is two thirds of what he left) [An-Nisa'/11]. The brother receives nothing because he is excluded by the father.
The sum of these prescribed shares is more than the whole (Awl - increase in shares), and the inheritance includes all that the deceased left behind in terms of money, such as an apartment, unless he had gifted it or made it a dowry for his wife.
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- 21899
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