How is the inheritance divided for a father and a husband, taking into account the deceased's will for a part of her gold to her aunt and the remainder as charity to mosques?
The paternal aunt (ammah) is one of the "dhawu al-arham" (relatives by blood, but not entitled to a fixed share), not one of the "ashab al-furud" (those with fixed shares) or "asabat" (agnatic heirs). Therefore, she does not inherit. A bequest () to her is permissible, provided that the total bequest for her and for the mosque does not exceed one-third of the estate, unless the heirs approve otherwise. If the deceased did not specify the amount to be bequeathed to the paternal aunt, the heirs may give her whatever they wish. As for the rest of the estate, the husband receives one-half, and the father receives the remainder by way of "ta'sib" (agnatic inheritance).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 104775
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy