He died and left behind a wife, a son and three daughters, then the wife died
Question A father died five years ago and he had divided his estate whilst he was still alive. Now, five years later, the children are thinking about their shares of the estate and now there is nothing left but a house. In the family now there are a son and three daughters; the wife died…
Question
Praise be to Allah.
If the estate that the
deceased left behind without dividing it is the house, and the heirs want to
divide it, then it depends:
If the wife was the mother
of the children mentioned, then her share of the estate should be divided
among them, so the entire house should be divided between the son and the
three daughters, with the male getting a share equal to that of two females.
So the house should be divided into five shares, with each daughter getting
one share and the male getting two.
So each daughter’s share =
the estate divided by 5.
The male’s share = the
estate divided by 5 and multiplied by 2.
If the wife was not their
mother, then her share, which was one-eighth, goes to her heirs, and the
rest of the house is to be divided among the children, with the male getting
a share equal to that of two females.
In order to divide the
house among the heirs, it should be divided into forty equal parts, whether
by meters or by selling the house and dividing its price.
The wife gets one-eighth,
which is five shares.
Each daughter gets seven
shares.
The son gets fourteen
shares.
And Allaah knows best.
