What is the sole daughter's share of her grandfather's inheritance if her father died before the estate was distributed?
If the heirs are a daughter and two paternal uncles, the daughter receives half of her father's inheritance, and the two paternal uncles receive the remainder. The issue involves "tanaasukh" (successive deaths) where the father died, then the son died before the inheritance was divided. To solve this problem, a comprehensive calculation (mas'alah jaami'ah) is made: The first deceased (the father) has three sons, so the calculation for his estate is based on 3 parts. The second deceased (the son) has a daughter and two brothers, so the calculation for his estate is based on 4 parts (the daughter gets two shares, and each brother gets one share). The calculation for the first deceased (3) is multiplied by the calculation for the second deceased (4) to make the comprehensive calculation 12. Each of the two living sons receives 5 shares (one share from the first deceased multiplied by 4, and one share from the second deceased multiplied by 1). The daughter receives two shares (two shares from the second deceased multiplied by 1). It is advisable to present the case to a specialist or a court if it is an actual occurrence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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