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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Division of the inheritance of a wife, two sons, and two daughters, and the marriage of the young daughter

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The questioner:
Honorable Shaykh, may Allah grant you success. A man died and left behind a wife and two daughters, one of whom is married and the other is a student. What is the division of the inheritance among them? Is it obligatory to appoint a guardian for the young daughter? Is it obligatory that her guardian be her brother or someone else?

The Shaykh:
The young daughter is to be married off by her paternal grandfather, if he is present. If he is not present, her brother takes charge of her marriage. Her brother, once he reaches maturity, takes charge of contracting her marriage. As for her wealth, the judge’s permission is required to appoint a guardian over her wealth. As for the marriage, it does not require the judge’s permission, because he has the authority to marry her off without the judge’s permission. Her brother has the authority to marry her off without the judge’s permission, but as for the wealth, the judge’s permission is required for that. As for the division of the inheritance, did he die leaving behind…?

The questioner:
I mean, two wives, two sons, and two daughters.

The Shaykh:
Yes, the problem is based on eight. The wife gets one-eighth, which is one, and the remaining seven is for the son and the two daughters. It is divided by four. For the son, it is divided by four. Yes, by four. There is a fraction here. There is a fraction because their heads are four and their shares are seven. The problem is validated by thirty-two. The wife gets four times one, which is four. And they get seven times four, which is twenty-eight. Each daughter gets seven, and the son gets fourteen. The son gets fourteen. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 36 من 89|شرح العدة في شرح العمدة|كتاب الوصايا|فصل في حكم بطلان الوصية|صالح الفوزان|الفقه — youtube.com (1:10:12)

The Arabic text is a machine transcription of the audio recording.

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