Depriving one of the sons of inheritance
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Fatwa number ( 1348 )
Q: I hope you will guide me in dividing the inheritance of my sister’s husband, as he left behindafter his death his father, his mother, and his son Abdullah from his previous wife, whom he had divorced before marrying my sister. A document was issued absolving him of the son Abdullah, because his divorced wife desired that. Does this son inherit?The deceased passed away, leaving behind his wife and his children, who consist of two females
and seven males, all of whom are minors. Everyone has appointed me as their attorney regarding the deceased’s estate, which consists of his household furniture, the car in which he died in an overturning accident, his retirement salary, and a small amount of money. I ask for clarification of the division that must be followed, and who among them is entitled to benefit from what he acquired through his good deeds for them? End of question. .
A: If the matter is as stated, then the absolution of Abdullah’s father from him, and the issuance of a document to that effect to fulfill his mother’s desire, has no effect on Abdullah’s inheritance from his father. Based on what was mentioned, the heirs are: his father, his mother, his wife, his two daughters, and eight sons. The priority in the estate of the deceased is to pay off his debts if he has any, then to execute his lawful bequest. What remains after that is divided among the heirs. Their problem is based on twenty-four shares, and it is valid based on four hundred and thirty-two shares: the mother gets one-sixth, which is seventy-two shares out of four hundred and thirty-two shares; the father gets one-sixth, which is the same amount as the mother’s share; the wife gets one-eighth, which is fifty-four shares out of four hundred and thirty-two shares. The remainder after the shares of the mother, father, and wife is two hundred and thirty-four shares, to be divided among the eight sons and two daughters, with the male receiving the share of two females. Thus, each son gets twenty-six shares out of four hundred and thirty-two shares, and each daughter gets thirteen shares
out of four hundred and thirty-two shares. As for the questioner’s mention of the deceased’s retirement, the authority has established a system specifying who is entitled to it, the amount of entitlement, and its duration. The questioner can contact the Pensions and Retirement Office to negotiate with them, and if anything is unclear to the questioner, he can ask about it. As for the charities he mentioned that he receives from people of good and for which he wants to know who among the heirs is entitled, he should refer to the donor himself to determine who among the heirs is entitled, as the donor is the one who has the right to specify who he wants to receive the charity from among the heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I hope you will guide me in dividing the inheritance of my sister’s husband, as he left behindafter his death his father, his mother, and his son Abdullah from his previous wife, whom he had divorced before marrying my sister. A document was issued absolving him of the son Abdullah, because his divorced wife desired that. Does this son inherit?The deceased passed away, leaving behind his wife and his children, who consist of two females
and seven males, all of whom are minors. Everyone has appointed me as their attorney regarding the deceased’s estate, which consists of his household furniture, the car in which he died in an overturning accident, his retirement salary, and a small amount of money. I ask for clarification of the division that must be followed, and who among them is entitled to benefit from what he acquired through his good deeds for them? End of question. .
A: If the matter is as stated, then the absolution of Abdullah’s father from him, and the issuance of a document to that effect to fulfill his mother’s desire, has no effect on Abdullah’s inheritance from his father. Based on what was mentioned, the heirs are: his father, his mother, his wife, his two daughters, and eight sons. The priority in the estate of the deceased is to pay off his debts if he has any, then to execute his lawful bequest. What remains after that is divided among the heirs. Their problem is based on twenty-four shares, and it is valid based on four hundred and thirty-two shares: the mother gets one-sixth, which is seventy-two shares out of four hundred and thirty-two shares; the father gets one-sixth, which is the same amount as the mother’s share; the wife gets one-eighth, which is fifty-four shares out of four hundred and thirty-two shares. The remainder after the shares of the mother, father, and wife is two hundred and thirty-four shares, to be divided among the eight sons and two daughters, with the male receiving the share of two females. Thus, each son gets twenty-six shares out of four hundred and thirty-two shares, and each daughter gets thirteen shares
out of four hundred and thirty-two shares. As for the questioner’s mention of the deceased’s retirement, the authority has established a system specifying who is entitled to it, the amount of entitlement, and its duration. The questioner can contact the Pensions and Retirement Office to negotiate with them, and if anything is unclear to the questioner, he can ask about it. As for the charities he mentioned that he receives from people of good and for which he wants to know who among the heirs is entitled, he should refer to the donor himself to determine who among the heirs is entitled, as the donor is the one who has the right to specify who he wants to receive the charity from among the heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.