What Must Be Paid from the Deceased's Estate
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Fatwa No. ( 48 )
Q: My brother passed away, leaving behind only me and his two wives. My brother and I were partners in real estate, money, and other assets, and we have debts. I wish to settle the inheritance by selling or appraising the assets so that I can pay off the debts and give each of the two wives her share. What is the share of the two wives in the inheritance? Are our debts to be paid from the capital before the division? Is it possible to sell or appraise the real estate, and what is the procedure for doing so?
A: The debts are to be paid from the shared capital before the division, since the assets are shared and the debts are upon both of you. If your brother left a bequest for anything other than paying off the debts, it is to be taken from his share of the estate before the division among his heirs after the debts are settled. Then, the remainder of your brother's share in the real estate, money, and other assets is to be divided between you and the two wives. The two wives are entitled to one-quarter of it, to be shared between them, and you receive the rest, provided the situation is as you described in the question. As for selling or appraising the real estate and other assets, mutual agreement between you and the two wives is required, if they are of sound mind. If you dispute over anything, your recourse is the court, which will adjudicate the dispute between you and give each person who has a right their due.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: My brother passed away, leaving behind only me and his two wives. My brother and I were partners in real estate, money, and other assets, and we have debts. I wish to settle the inheritance by selling or appraising the assets so that I can pay off the debts and give each of the two wives her share. What is the share of the two wives in the inheritance? Are our debts to be paid from the capital before the division? Is it possible to sell or appraise the real estate, and what is the procedure for doing so?
A: The debts are to be paid from the shared capital before the division, since the assets are shared and the debts are upon both of you. If your brother left a bequest for anything other than paying off the debts, it is to be taken from his share of the estate before the division among his heirs after the debts are settled. Then, the remainder of your brother's share in the real estate, money, and other assets is to be divided between you and the two wives. The two wives are entitled to one-quarter of it, to be shared between them, and you receive the rest, provided the situation is as you described in the question. As for selling or appraising the real estate and other assets, mutual agreement between you and the two wives is required, if they are of sound mind. If you dispute over anything, your recourse is the court, which will adjudicate the dispute between you and give each person who has a right their due.
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.