How is the legal estate of the deceased — which consists of 47 agricultural qirats and two houses — distributed among the legal heirs, who are: (3) sons, (5) daughters, a wife, and a brother from the father, knowing that the deceased intended to distribute his estate such that 12 qirats would go to the sons, and 11 qirats to the daughters, in addition to a house of approximately 200 square meters for everyone (for the daughters, an apartment and a quarter of the land), and another house of approximately 400 square meters for the males only?
The wife receives one-eighth due to the presence of a lineal descendant, as Allah Almighty says: "But if you have a child, then for them is one-eighth of what you leave, after any bequest you [may have] made or debt." The remainder goes to the sons and daughters by virtue of 'asaba (agnatic succession), with the male receiving the share of two females, based on Allah Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The inheritance is divided into 88 shares:
Wife: 11 shares (one-eighth). Each son: 14 shares. Each daughter: 7 shares.
The intention of the deceased regarding the distribution of the inheritance has no bearing, as long as he did not gift it during his lifetime and it remained an inheritance. A bequest to an heir is prohibited unless the other heirs approve it. Therefore, no one of them is entitled to anything specific; rather, they are partners in the entire inheritance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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