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Is it permissible for one of the brothers to claim their deceased father's right to inheritance after his death, in the event that the father implicitly, not officially, relinquished his right?

1 min readAlso available in العربية

If the deceased left behind only males, then the mother receives one-sixth, and the father receives one-sixth due to the presence of a lineal descendant heir. The wife receives one-eighth due to the presence of a lineal descendant heir. The remainder goes to the two sons and two daughters by ta’seeb (residuary inheritance), with the male receiving the equivalent of two females' shares. The rest of the mentioned heirs receive nothing, as they are excluded by absolute deprivation due to the son and the father. The estate is divided into one hundred and forty-four shares: the mother and father each receive twenty-four shares, the wife receives eighteen shares, each son receives twenty-six shares, and each daughter receives thirteen shares.

As for the parents' relinquished share, if the relinquishment occurred during a non-fatal illness, and the relinquished party took possession of it and disposed of it, then it is a valid gift, and the heirs of the relinquisher have no right to claim it. However, if the relinquishment occurred during a fatal illness, it is considered a will. If the relinquished party is an heir to them, it is not valid unless approved by the other heirs. If the relinquished party is not an heir, it is valid only up to one-third of the estate; anything exceeding one-third is not valid unless approved by the other heirs. The testimony of someone who benefits themselves is not accepted. Estate matters must be referred to the Sharia courts for investigation due to the potential existence of wills or debts that the heirs may not be aware of.

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

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