How is the estate of a person who died leaving two wives, sons, and daughters divided, when some of his wives and some of his sons and daughters then died successively, and there is a son who does not pray and has two Christian sons, and the deceased left 4,000 dinars that have not yet been divided?
First: To divide the estate of the first deceased husband (the legator), if his heirs are limited to his two wives, four sons, and six daughters, the estate is divided as follows: - The two wives receive one-eighth, equally divided between them, due to the presence of lineal descendants. - The remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. - The estate is divided into 16 shares: two shares for the two wives (one share for each), two shares for each son, and one share for each daughter. - If any of the heirs dies before receiving their share, their share passes to their heirs.
Second: Regarding the son who does not pray: - If he denies the obligatory nature of prayer, he is a disbeliever and does not inherit from a Muslim, by agreement of the scholars. - If he abandons it out of laziness, he is disobedient according to the majority of scholars, and he inherits from his father, because abandoning prayer out of laziness does not remove him from Islam, and the practice of Muslims has been to allow an heir who abandons prayer out of laziness to inherit. - Based on this, the son who abandons prayer out of laziness inherits from his father, and his share passes to his heirs. However, his Christian children do not inherit from him, because a disbeliever does not inherit from a Muslim.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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