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The question

Is it obligatory to perform the Hajj on behalf of the deceased if he did not perform it despite being able to, and does that affect the distribution of inheritance among the heirs, who are: a wife, four daughters, a full brother, four full sisters, three sons of a deceased full brother, and four daughters of a deceased full brother?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The deceased's full brothers' sons and daughters do not inherit from their deceased paternal uncle if the uncle has a full brother alive, because the brother's daughter is not among the inheritors in the first place.

First, the deceased's debts must be paid off, then the amount for Hajj on his behalf must be taken from his estate before it is distributed among the heirs, based on the Almighty’s saying: "after any bequest he may have made or any debt."

If the estate is insufficient to cover both the debt and Hajj, the jurists have differing opinions on which takes precedence.

What remains thereafter is distributed among the legal heirs: - The wife receives one-eighth due to the presence of a child. - The daughters receive two-thirds if they are more than two. - The remainder goes to the full brothers and sisters by 'asabah (residuarily), with the male receiving the share of two females.

The estate is divided into 144 shares: - The wife: 18 shares. - The four daughters: 96 shares (24 for each). - The full brother: 10 shares. - The four full sisters: 20 shares (5 for each).

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
160747
Imported
Translation status
Source text, unreviewed
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