Can the father and the grandfather be among the heirs by fixed shares and by residuary inheritance at the same time?
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The questioner:
Can the father and the grandfather be among the heirs by fixed shares and by residuary inheritance at the same time?
The Shaykh:
Yes, they can be among the fixed shares and among the residuary heirs. If the fixed shares do not exhaust the estate, the father and the grandfather take their fixed shares. If anything remains after the fixed shares, they take it as residuary heirs, thus combining the fixed share and the residuary inheritance. Yes.
The presenter:
May Allah reward you.
The Shaykh:
For example, if there is a father and a daughter, or a grandfather and a daughter, the daughter takes half as a fixed share, and the father or the grandfather takes one-sixth as a fixed share. What remains after the half and the one-sixth, which is one-third, returns to him as a residuary heir, thus combining the fixed share and the residuary inheritance. Yes.
Can the father and the grandfather be among the heirs by fixed shares and by residuary inheritance at the same time?
The Shaykh:
Yes, they can be among the fixed shares and among the residuary heirs. If the fixed shares do not exhaust the estate, the father and the grandfather take their fixed shares. If anything remains after the fixed shares, they take it as residuary heirs, thus combining the fixed share and the residuary inheritance. Yes.
The presenter:
May Allah reward you.
The Shaykh:
For example, if there is a father and a daughter, or a grandfather and a daughter, the daughter takes half as a fixed share, and the father or the grandfather takes one-sixth as a fixed share. What remains after the half and the one-sixth, which is one-third, returns to him as a residuary heir, thus combining the fixed share and the residuary inheritance. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يمكن أن يكون الأب والجد من أهل الفروض والتعصيب في نفس الوقت؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.