He says: If a man dies leaving behind a pregnant wife, two daughters, and two sons, how is the estate divided among the heirs?
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The questioner : He says: If a man dies leaving behind a pregnant wife, two daughters, and two sons, how is the estate divided among the heirs?
The Shaykh : The estate is divided if there are no other heirs besides these. The wife receives one-eighth, and an amount equal to the inheritance of two sons is reserved for the fetus. The remainder is divided between these two [sons] and the other mentioned heirs, who are two sons and two daughters, with the male receiving the share of two females. Then, when the woman gives birth, it is examined: if the reserved amount is more than the fetus's share, the excess is returned to its rightful owners; if the divided amount is less, for example if the fetus turns out to be three males, then what remains for the fetus is taken from the shares of those who received the division. Good.
The Shaykh : The estate is divided if there are no other heirs besides these. The wife receives one-eighth, and an amount equal to the inheritance of two sons is reserved for the fetus. The remainder is divided between these two [sons] and the other mentioned heirs, who are two sons and two daughters, with the male receiving the share of two females. Then, when the woman gives birth, it is examined: if the reserved amount is more than the fetus's share, the excess is returned to its rightful owners; if the divided amount is less, for example if the fetus turns out to be three males, then what remains for the fetus is taken from the shares of those who received the division. Good.