Back to search

How is the inheritance to be divided among the aforementioned heirs, considering the existence of a pregnancy for the deceased brother's wife and debts such as expiations?

1 min readAlso available in العربية

The expiations (kaffarat) owed by the deceased must be deducted from his estate before its division among the heirs, because they are a debt upon him that takes precedence over the rights of the heirs.

After that, the estate is divided among the heirs. In this case (two wives, a grandfather, three grandsons (sons of a son), two full sisters, a full paternal uncle, and a pregnancy): - The two wives receive one-eighth, to be divided between them. - The grandfather receives one-sixth. - The remainder is divided equally among the three grandsons by ta'sib (residuary heirship). - There is nothing for the remaining heirs (the two full sisters, the full paternal uncle, and the pregnancy) because they are excluded by complete exclusion due to the presence of a male lineal descendant (the grandsons). - The estate is divided into 144 shares: 18 shares for the two wives (9 for each), 24 shares for the grandfather, and 34 shares for each grandson.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy