What is the share of each heir from the deceased's estate, and do the heirs owe the wife a debt for what she spent on her husband's treatment, and what is the ruling on the contract she wrote for herself concerning the marital apartment?
Whoever claims to have a debt owed by the deceased for medical expenses or otherwise, must provide proof; otherwise, they are entitled to nothing, unless the heirs confirm their claim. The burden of proof is on the claimant, and the oath is on the one who denies.
If the wife claims that she spent money from her private funds on her husband's treatment, she must provide proof; otherwise, she has no right.
As for the contract that states the apartment is written in the wife's name, it is not sufficient to prove her ownership. Rather, the validity of the contract must be confirmed by the testimony of two just witnesses, and the time of its writing must be considered. If he wrote it during his lifetime and completely relinquished his claim to it, then that is a valid gift. Otherwise, the apartment is an inheritance, and the wife is entitled only to her legal share of it.
If the deceased left no heirs other than his wife, his full brother, and his full sister, then the wife receives one-fourth due to the absence of any lineal descendants. The remainder goes to the full brother and full sister by ta’sib (residuary heirship), with the male receiving the share of two females.
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- 124990
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