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How is the inheritance of the father, the brother who left to seek knowledge and never returned, and the sister who married but did not have children, to be divided? What is the ruling on full siblings disinheriting paternal half-siblings or maternal half-siblings in the event of the death of a full brother or sister? Is a wife's will valid if it dictates that one of her non-full nephews inherits like her children, and can this inheritance be claimed after the death of the legatee?

1 min readAlso available in العربية

1. The estate of the deceased is divided among a wife, five sons, and three daughters. The wife receives one-eighth due to the presence of inheriting offspring, and the remainder is for the sons and daughters, with the male receiving the share of two females.

2. The property of a missing person is held until their death is declared, either by observation or by the passage of a lifespan. Then, their property is divided among their living heirs at the time their death is declared.

3. The estate of a sister who married and did not have children: Her husband receives one-half (if present), and the maternal siblings receive one-third (if numerous) or one-sixth (if only one). The remainder goes to her full siblings by ta'sib (residuary inheritance). If she has no husband and no maternal siblings, then all her property goes to her full siblings.

4. Paternal siblings are excluded by what was mentioned in question three.

5. A wife's bequest to a non-heir that they inherit like her children is invalid, but it is considered a bequest from one-third of her estate.

Important Note: The matter of inheritance is serious and complex. A mere fatwa is not sufficient; rather, it must be referred to Sharia courts for investigation to ensure the rights of heirs, debts, and bequests.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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