They say: We are five siblings, four daughters and one son. Our father passed away and left us an inheritance that yields us an annual income. Our brother divides it into six shares, taking two for himself and giving each of us one share, based on the principle that the male's share is equal to two female shares.
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The questioner : They say: We are five siblings, four daughters and one son. Our father passed away and left us an inheritance that yields us an annual income. Our brother divides it into six shares, taking two for himself and giving each of us one share, based on [An-Nisa 4:11]. Is his action correct, or is there another division that he must follow every year? And what should we do if we want to divide the entire estate among us?
The Shaykh : The estate is divided among the children[An-Nisa 4:11] by explicit text and scholarly consensus. Indeed, Allah the Exalted says: [An-Nisa 4:11] This is a matter on which there is consensus. Your brother's action is correct. You are four and he is one, but he has the share of two. Therefore, the shares on which the money is divided among you are six shares: two for him and one for each of you. His action is correct and there is no issue with it.
The questioner : What about the case of dividing the entire estate?
The Shaykh : We do not say that we divide the entire estate for them until we look to see if they have any other heirs or not.
The questioner : Yes.
The Shaykh : If there are no heirs other than them, they are entitled to the entire estate. If there is a person with a fixed share among them, he is given his fixed share first, and then the remainder is divided among these people because they are the residuary heirs.
The questioner : Yes, may Allah reward you.
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينThe Shaykh : The estate is divided among the children
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينAllah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThe questioner : What about the case of dividing the entire estate?
The Shaykh : We do not say that we divide the entire estate for them until we look to see if they have any other heirs or not.
The questioner : Yes.
The Shaykh : If there are no heirs other than them, they are entitled to the entire estate. If there is a person with a fixed share among them, he is given his fixed share first, and then the remainder is divided among these people because they are the residuary heirs.
The questioner : Yes, may Allah reward you.