What is the Shari'ah method for dividing the estate of a woman who passed away, leaving a daughter, sons, and the children of a son? And where is the bequest directed if its destination was not specified?
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The questioner : Noble Shaykh, a woman passed away, leaving a daughter and the children of a son, both male and female, and she left a sum of money. What is the Shari'ah method for distributing this inheritance?
And what is the best method, from the Shari'ah perspective, to which one-third of it can be directed?
The Shaykh : Yes, first, did the deceased have a father and mother, or are these the only heirs?
The questioner : No, she has no father or mother.
The Shaykh : Only these, we say: the daughter gets half, and the son's sons and daughters get the remainder as 'asabah (residuary heirs), the male receiving twice the share of the female.
As for the one-third, if the deceased made a bequest of it, it is executed according to her will, unless she bequeaths something forbidden, in which case it is not executed. And if she did not make a bequest, it is not obligatory to allocate one-third of the estate to it.
The questioner : She has one-third, O Shaykh?
The Shaykh : I mean, did she bequeath it or not?
Did she bequeath one-third, or do they want to give out one-third?
The questioner : She bequeathed one-third but did not specify that it be spent.
The Shaykh : Well, if she bequeathed one-third and did not specify, the executor has the right to allocate 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. Yes.
And what is the best method, from the Shari'ah perspective, to which one-third of it can be directed?
The Shaykh : Yes, first, did the deceased have a father and mother, or are these the only heirs?
The questioner : No, she has no father or mother.
The Shaykh : Only these, we say: the daughter gets half, and the son's sons and daughters get the remainder as 'asabah (residuary heirs), the male receiving twice the share of the female.
As for the one-third, if the deceased made a bequest of it, it is executed according to her will, unless she bequeaths something forbidden, in which case it is not executed. And if she did not make a bequest, it is not obligatory to allocate one-third of the estate to it.
The questioner : She has one-third, O Shaykh?
The Shaykh : I mean, did she bequeath it or not?
Did she bequeath one-third, or do they want to give out one-third?
The questioner : She bequeathed one-third but did not specify that it be spent.
The Shaykh : Well, if she bequeathed one-third and did not specify, the executor has the right to allocate 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. Yes.