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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on dividing the estate while a fetus is present

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He also asks and says: He was also asking whether the estate should be divided before the fetus is delivered?
Answer: This requires detail: Dividing the estate before the fetus is delivered requires detail: If there is a need for it, it is divided, and a share is reserved for the fetus as a precaution. If the worst-case scenario for the existing heirs is that the fetus is two males, the fetus is estimated as two males, the share of two males is calculated, and the estate is divided. Then, after the truth becomes clear following birth, the matter is clarified and the work is completed. If the worst-case scenario for the existing heirs is that the fetus is two females, the fetus is estimated as two females, and their share is reserved as a precaution so that problems do not arise after delivery.
And if the heirs are patient until she gives birth and the estate is divided with full knowledge, that is better. If they are not patient because they are in need, it is divided, and the existing heirs are treated according to the worst-case scenario with the least amount, so that no error occurs.
For example: If a person dies leaving a pregnant wife and a son, the worst-case scenario for the son is that the fetus is two males. She may give birth to two males, so the fetus is estimated as two males, the son is given one-third, and the two-thirds remain suspended. If she gives birth to a male, the existing heir is given the remainder of the half, and the newborn receives the other half.
The presenter: The half after the wife’s fixed share, of course?
The Shaykh: If there is a wife, she is given her fixed share. The point is: If the deceased dies leaving a son and a pregnant wife, the wife is given her share, which is one-eighth, because the existing heir is a son and a fetus. She is given one-eighth, and the son is given one-third of the remainder as a precaution. So, if she gives birth to two males, they take the suspended amount. If a male is found, the suspended amount belongs to the existing male heir, one-quarter of it to complete the half, so that they share the half between them. If she gives birth to a female, the existing male heir is given half of the suspended amount, and she receives the other half, because
for the male, what is equal to the share of two femalesلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Al-Nisa: 11].
And so with cases similar to this scenario, the worst-case scenario for the existing heirs is considered, and a precaution is taken for the fetus. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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