How is an inheritance divided among a mother, a wife, three sons, two daughters, and a maternal half-brother, considering existing debts, unfulfilled obligatory charity (Zakat), an unperformed obligatory pilgrimage (Hajj), and expiations (kaffarat)?
First, the debts of the deceased, their , expiations, and funds designated for Hajj on their behalf must be settled before the inheritance is distributed among the heirs. If nothing remains, then there is nothing for the heirs.
If the deceased left only a mother, a wife, sons, and two daughters, the mother receives one-sixth due to the presence of a lineal descendant, and the wife receives one-eighth due to the presence of a lineal descendant. The remainder goes to the sons and daughters by ta'sib (residuary kinship), with the male receiving the share of two females. The brother from the mother's side receives nothing as he is completely excluded from inheritance.
The inheritance is divided into 192 shares: the mother receives 32 shares, the wife receives 24 shares, each son receives 34 shares, and each daughter receives 17 shares.
Inheritance matters must be brought before the courts to verify the existence of other heirs, wills, debts, and other rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/114553
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 114553
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy