How to divide the estate of one who left only sisters
Machine translationRead the Arabic original
If a person dies and leaves behind wealth, but he was not married and has no children or parents, yet he has sisters, how can his estate be distributed?
Answer: If a person dies and leaves behind no father, no children, and no wife, but only sisters, the estate is divided among the sisters as their fixed share and by return. If there is one sister, she takes the entire wealth. If there are two, it is divided between them. If there are three or more, it is divided equally among them, provided they are from the same side, such as all full sisters, or all paternal half-sisters, or all maternal half-sisters. It is divided among them like the residuary heirs, as their fixed share and by return. For example, if he leaves three sisters from his mother and father, the wealth is divided into three equal parts among them as their fixed share and by return, according to the most correct of the scholars' opinions. They are given two-thirds as their fixed share, and the remainder by return. Likewise, if they are three, four, or more paternal half-sisters, they are given the wealth as their fixed share and by return: two-thirds as their fixed share, and the remainder by return, like the residuary heirs. Likewise, if they are two or more maternal half-sisters, they are given two-thirds as their fixed share and the remainder by return, according to the most correct of the scholars' opinions.
As for when they are of different types, it is distributed among them according to their fixed shares. If the existing heirs are a full sister and a paternal half-sister, and there are no residuary heirs—no residuary heirs beyond them, no paternal uncles or others, only the sisters, a full sister and a paternal half-sister—the wealth is divided among them into four shares: three shares for the full sister, and one share for the paternal half-sister, which is one-sixth as her fixed share and by return. She takes one-sixth as her fixed share and by return, and the full sister takes one-half as her fixed share and by return. The base is six: the full sister is given one-half, which is three, and the paternal half-sister is given one-sixth, which is one, completing the two-thirds. Two remain, which are returned to them. The paternal half-sister is given half of one, and the full sister is given one and a half. Thus, the matter reduces to four out of six. So the wealth is divided between them into four shares: three shares for the full sister as her fixed share and by return, and one share for the paternal half-sister as her fixed share and by return. Likewise, if there is a full sister and a maternal half-sister, the full sister is given three out of six as her fixed share and by return, and the maternal half-sister is given one as her fixed share and by return. The matter reduces to four, just as in the case of the full sister and the paternal half-sister mentioned earlier.
Likewise, if there is a paternal half-sister and a maternal half-sister, the paternal half-sister is given one-half, and the maternal half-sister is given one-sixth. One remains, and two are returned to them. The problem reduces to four: three for the paternal half-sister as her fixed share and by return, and one for the maternal half-sister as her fixed share and by return.
As for when the existing heirs are two or more maternal half-sisters, and there are no residuary heirs at all, no paternal uncles or others, the wealth is given to the maternal half-sisters as their fixed share and by return: one-third as their fixed share, and two-thirds by return to them, whether there are two, three, or more. They are given one-third as their fixed share, and the remainder by return to them. If there are three, it is divided into three equal parts among them. If there are four, it is divided into four equal parts among them. The maternal half-sisters... or maternal half-brothers, male; because their fixed share is one-third if there are two or more, and any excess is for them by return. If they are maternal half-brothers, male, or female, or both male and female, their case is the same, and their inheritance is equal, with no difference between the male and the female. They are given one-third as their fixed share and the remainder by return to them. Yes.
Answer: If a person dies and leaves behind no father, no children, and no wife, but only sisters, the estate is divided among the sisters as their fixed share and by return. If there is one sister, she takes the entire wealth. If there are two, it is divided between them. If there are three or more, it is divided equally among them, provided they are from the same side, such as all full sisters, or all paternal half-sisters, or all maternal half-sisters. It is divided among them like the residuary heirs, as their fixed share and by return. For example, if he leaves three sisters from his mother and father, the wealth is divided into three equal parts among them as their fixed share and by return, according to the most correct of the scholars' opinions. They are given two-thirds as their fixed share, and the remainder by return. Likewise, if they are three, four, or more paternal half-sisters, they are given the wealth as their fixed share and by return: two-thirds as their fixed share, and the remainder by return, like the residuary heirs. Likewise, if they are two or more maternal half-sisters, they are given two-thirds as their fixed share and the remainder by return, according to the most correct of the scholars' opinions.
As for when they are of different types, it is distributed among them according to their fixed shares. If the existing heirs are a full sister and a paternal half-sister, and there are no residuary heirs—no residuary heirs beyond them, no paternal uncles or others, only the sisters, a full sister and a paternal half-sister—the wealth is divided among them into four shares: three shares for the full sister, and one share for the paternal half-sister, which is one-sixth as her fixed share and by return. She takes one-sixth as her fixed share and by return, and the full sister takes one-half as her fixed share and by return. The base is six: the full sister is given one-half, which is three, and the paternal half-sister is given one-sixth, which is one, completing the two-thirds. Two remain, which are returned to them. The paternal half-sister is given half of one, and the full sister is given one and a half. Thus, the matter reduces to four out of six. So the wealth is divided between them into four shares: three shares for the full sister as her fixed share and by return, and one share for the paternal half-sister as her fixed share and by return. Likewise, if there is a full sister and a maternal half-sister, the full sister is given three out of six as her fixed share and by return, and the maternal half-sister is given one as her fixed share and by return. The matter reduces to four, just as in the case of the full sister and the paternal half-sister mentioned earlier.
Likewise, if there is a paternal half-sister and a maternal half-sister, the paternal half-sister is given one-half, and the maternal half-sister is given one-sixth. One remains, and two are returned to them. The problem reduces to four: three for the paternal half-sister as her fixed share and by return, and one for the maternal half-sister as her fixed share and by return.
As for when the existing heirs are two or more maternal half-sisters, and there are no residuary heirs at all, no paternal uncles or others, the wealth is given to the maternal half-sisters as their fixed share and by return: one-third as their fixed share, and two-thirds by return to them, whether there are two, three, or more. They are given one-third as their fixed share, and the remainder by return to them. If there are three, it is divided into three equal parts among them. If there are four, it is divided into four equal parts among them. The maternal half-sisters... or maternal half-brothers, male; because their fixed share is one-third if there are two or more, and any excess is for them by return. If they are maternal half-brothers, male, or female, or both male and female, their case is the same, and their inheritance is equal, with no difference between the male and the female. They are given one-third as their fixed share and the remainder by return to them. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
