Leaving behind daughters and sisters
Question
A woman has 3 daughters and 2 sisters. How will her estate be dissolved on her demise?
Answer
If she has no other relatives (such as brothers, brother’s sons, paternal uncles and cousins – paternal uncle’s sons), then her three daughters will receive two thirds of her estate and the remaining one third will be divided equally between the two sisters.
References (Arabic / Urdu sources)
قال رَحِمَهُ اللَّهُ ( وَالْبِنْتُ وَبِنْتُ الِابْنِ ) يَعْنِي يَعْصِبُ الْأَخَوَاتِ الْبِنْتُ وَبِنْتُ الِابْنِ لِقَوْلِهِ عليه الصَّلَاةُ وَالسَّلَامُ اجْعَلُوا الْأَخَوَاتِ مع الْبَنَاتِ عَصَبَةً (البحر الرائق – كتاب الفرائض)
- Answered by
- Mufti Mohammed Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/leaving-behind-daughters-and-sisters/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-15486