How is inheritance divided among the heirs of the deceased, given outstanding debts for Zakat, Hajj, expiations, and other unpaid debts?
Before dividing the inheritance, the debts of the deceased must be paid, and funds allocated for Hajj on their behalf, as well as for and expiations, as these take precedence over the rights of the heirs. If the inheritance is insufficient to cover these rights, scholars differ on whether the right of Allah or the right of His servants takes precedence. If the heirs are only those mentioned, the mother receives one-sixth due to the presence of a direct descendant. We caution that matters of inheritance are serious and complex, and a mere is insufficient. Rather, the case must be submitted to the courts for investigation and to ensure that there are no other heirs, wills, debts, or 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.
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- Original fatwa ID
- 114686
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy