If one of the heirs is a fetus, is the division of the estate delayed until it is born?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if one of the heirs is a fetus, do they wait until it is born, or is the estate divided before its birth?
Answer:
This has a specific chapter, the chapter on the inheritance of the fetus. It has a specific chapter. Do not rush, but we say: if there is a fetus among the heirs, this fetus is unknown; is it one or two? Is it male or female, or mixed? Is it alive or dead? Its status is unknown.
So the heirs are told: wait until she gives birth, so that the status of this fetus becomes clear and the division is done only once. If they say, "No, I will take my share and we are waiting," then the estate is divided and the best possible share for the fetus is reserved, whether that of two males, two females, or one male and one female. Six calculations are made for it, six cases, and a comprehensive formula is established, and the best possible share is reserved for the fetus until its status becomes clear. Yes.
He says: Honorable Shaykh, may Allah grant you success, if one of the heirs is a fetus, do they wait until it is born, or is the estate divided before its birth?
Answer:
This has a specific chapter, the chapter on the inheritance of the fetus. It has a specific chapter. Do not rush, but we say: if there is a fetus among the heirs, this fetus is unknown; is it one or two? Is it male or female, or mixed? Is it alive or dead? Its status is unknown.
So the heirs are told: wait until she gives birth, so that the status of this fetus becomes clear and the division is done only once. If they say, "No, I will take my share and we are waiting," then the estate is divided and the best possible share for the fetus is reserved, whether that of two males, two females, or one male and one female. Six calculations are made for it, six cases, and a comprehensive formula is established, and the best possible share is reserved for the fetus until its status becomes clear. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1607 -2802] إذا كان أحد الورثة حملًا، فهل يُنتظر في تقسيم التركة حتى يُولَد؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
