He died leaving a father, a daughter, a full brother, paternal brothers, and a full sister
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Question: A person passed away, leaving behind: a father, a daughter, a full brother, paternal brothers, and a full sister. How is his inheritance to be divided?
Answer: The estate is divided into two halves: one half is for the daughter as her fixed share, and the other half is for the father as his fixed share and as a residuary heir. The brothers receive nothing, because the father excludes them by the consensus of the scholars.
However, if he had a confirmed debt, it is to be paid from the estate, taking precedence over the heirs. If anything remains, it belongs to the heirs according to the division mentioned. Likewise, if the deceased had a valid, confirmed bequest, it is obligatory to pay it out before dividing the estate among the heirs, within the limit of one-third or less. The deceased is not permitted to bequeath more than one-third. If he bequeaths more than that, the excess is not executed unless the adult, sane heirs consent.
The evidence for giving precedence to the debt and the bequest over the heirs is the saying of Allah the Exalted:[An-Nisa 4:11] until He said: [Surat al-Nisa: 11].
Answer: The estate is divided into two halves: one half is for the daughter as her fixed share, and the other half is for the father as his fixed share and as a residuary heir. The brothers receive nothing, because the father excludes them by the consensus of the scholars.
However, if he had a confirmed debt, it is to be paid from the estate, taking precedence over the heirs. If anything remains, it belongs to the heirs according to the division mentioned. Likewise, if the deceased had a valid, confirmed bequest, it is obligatory to pay it out before dividing the estate among the heirs, within the limit of one-third or less. The deceased is not permitted to bequeath more than one-third. If he bequeaths more than that, the excess is not executed unless the adult, sane heirs consent.
The evidence for giving precedence to the debt and the bequest over the heirs is the saying of Allah the Exalted:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِafter any bequest he [may have] made or debt
مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.