The ruling on a woman who passed away leaving sons and daughters, and how to direct one-third of the deceased's estate
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Honorable Shaykh! A woman passed away, leaving a daughter and children of a son (both sons and daughters), and she left a sum of money. What is the Sharia-compliant method for distributing this inheritance? And what is the best method, from a Sharia perspective, to which one-third of the deceased's estate can be directed?
First: Does the one who passed away have a father and mother, or does he have no heirs other than these people?The questioner: No, he has no heirs other than these people.
The Shaykh: We say: The daughter receives half, and the son's sons and daughters receive the remainder as residuary heirs, with the male receiving the share of two females. As for the one-third, if the deceased made a bequest of it, it is executed according to his bequest, unless he bequeaths something forbidden, in which case it is not executed. And if he did not make a bequest, it is not obligatory to make it one-third of the estate.
And if he bequeathed one-third but did not specify its use, the executor has the right to direct it to what he sees as best, such as building mosques, repairing roads, spending on students of knowledge, spending on printing books, and the like.
First: Does the one who passed away have a father and mother, or does he have no heirs other than these people?The questioner: No, he has no heirs other than these people.
The Shaykh: We say: The daughter receives half, and the son's sons and daughters receive the remainder as residuary heirs, with the male receiving the share of two females. As for the one-third, if the deceased made a bequest of it, it is executed according to his bequest, unless he bequeaths something forbidden, in which case it is not executed. And if he did not make a bequest, it is not obligatory to make it one-third of the estate.
And if he bequeathed one-third but did not specify its use, the executor has the right to direct it to what he sees as best, such as building mosques, repairing roads, spending on students of knowledge, spending on printing books, and the like.