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The question

What is the division of inheritance for an estate amounting to (5,250,0) for a deceased male whose heirs are (4 sons, 3 daughters, and a wife), taking into account a gift of (1,400,0) to one of the sons?

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

The estate is to be divided after settling debts and executing bequests. The wife receives one-eighth (11 shares). The remainder is divided among the sons and daughters, with the male receiving the share of two females. Thus, each of the four sons receives 14 shares, and each of the three daughters receives 7 shares, out of a total of 88 shares.

As for the bequest of one million four hundred thousand to a specific son, if it was an outright gift given during the father's lifetime and received during his lifetime, then it is valid. However, if it was a bequest to be effective after death, then it is a bequest to an heir, and the Prophet (peace be upon him) forbade this, saying: "Indeed, Allah has given every rightful person his due, so there is no bequest for an heir." Therefore, it is not to be executed unless all adult, sane heirs consent to it.

Inheritance matters should be referred to the courts for investigation and to safeguard the rights of all heirs and creditors.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
195079
Imported
Translation status
Source text, unreviewed
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