How is the inheritance distributed for a deceased person who has two full brothers, three full sisters, a mother, and two wives (one of whom has half the house registered in her name), and a pension, and has no children?
The mother's share of the inheritance is one-sixth due to the presence of multiple siblings. The two wives receive one-fourth because there is no lineal descendant. The remaining portion is divided among the full siblings, with the male receiving the equivalent of two females' shares.
As for writing half of the house in the name of one of the wives, that half is not considered the wife's property merely by writing it. This is because a gift (Hiba) is not complete until it is taken possession of. If the husband remained living in the house until his death, then possession was not taken, and the house belongs to all the heirs. For the wife to own the gifted portion, the husband must vacate his belongings and hand over the house to her so that she can dispose of it as an owner.
It is important to note that matters of inheritance are serious and complex, and a mere fatwa is insufficient. Rather, they must be referred to the Sharia courts to verify all heirs, wills, and debts, as these take precedence over the rights of the heirs.
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- Original fatwa ID
- 122862
- Imported
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- Source text, unreviewed
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