What is the share of each heir from the legal inheritance of the deceased wife, knowing that her heirs are: a husband, 3 sons, 5 daughters, and 2 granddaughters (daughters of a son), and knowing that the husband is not the father of the children? And must the two thousand Egyptian pounds that the deceased son gave to his mother before her death be returned? And should it be returned at its original value or at another value?
If the deceased woman leaves no heirs other than her husband, sons, and daughters, then the husband receives one-fourth due to the presence of a lineal descendant. The remaining estate is distributed among the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The granddaughters (daughters of the son) receive nothing as they are excluded by the son. Likewise, a son who died before his mother does not inherit. The estate is divided into 44 shares: 11 shares for the husband, 18 shares for the sons (6 shares for each son), and 15 shares for the daughters (3 shares for each daughter). As for the money that the son gave to his mother, if it was a gift, it cannot be reclaimed. If it was a loan or a partnership, it should be taken from the estate and given to his heirs. If the son did not declare his intention, his action is considered a donation unless there is a custom to the contrary.
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- Original fatwa ID
- 130676
- Imported
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- Source text, unreviewed
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