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Heir Dying before Distribution

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: A man passed away leaving behind a few sons. After the father passed away, before the inheritance was distributed, one of the sons passed away leaving behind his widowed wife and four daughters. When the inheritance gets distributed, will the widowed wife and the foutr daughters inherit their father’s share?


A:Yes they will inherit their father’s share.They will get two thirds and the widowed wife will get one eight.The remainder will go to their marhoom (deceased) father’s brothers (their uncles). All this will be correct if their father’s mother (their grandmother) was not living when their father passed away. If she was living then the inheritance will have to be adjusted accordingly.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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