How is the inheritance divided among a wife, four sons, one daughter, a full brother, and two paternal half-brothers, with the presence of a missing son?
The missing son is considered alive until a court rules him deceased. Before a court ruling, the missing son inherits from his father's estate. If the deceased left only the aforementioned heirs, then the wife receives one-eighth due to the existence of a lineal descendant, and the remaining five sons (the four living ones and the missing one) and the daughter inherit the remainder by ta'sib, with the male receiving the share of two females. The full brother and the two half-brothers from the father receive nothing due to the presence of a son. The estate is divided into 88 shares: the wife receives 11 shares, each son 14 shares, and the daughter 7 shares. The missing son's share awaits a court ruling, and if he is ruled deceased, his share transfers to his heirs. The questioner is advised of the seriousness of inheritance matters and the necessity of referring them to courts to guarantee the rights of both the living and the deceased.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 112390
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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