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Fatwa CenterSharee‘ah courts should distribute inheritance
Question
A woman died leaving behind 500 Riyals for her four daughters and two sisters. How should this sum be distributed? It should be noted that both sisters died before the distribution of the inheritance and they have children.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Scholars describe this problem as Al-Munaasakhah, that is, if one or more heirs die before the distribution of the deceased's inheritance.
In this case, the inheritance of the first deceased is distributed in order to calculate the share of the second deceased. Then another calculation is made for the second deceased to find out the share for their heirs who will receive the share of the inheritance of the first.
In the first case, the four daughters receive two- thirds of the inheritance due to the absence of any agnate males. Allaah The Almighty Says (what means): {But if there are [only] daughters, two or more, for them goes two-thirds of his inheritance.} [Quran 4:11]
The share for the two sisters is the rest of the inheritance, that is, one third with other agnate relatives, due to the absence of male agnates. Thus, the case consists of three shares: two for the four daughters and one for the two sisters. To give each their share, we find that the number of shares cannot be divided by the number of heirs, so we select a common denominator, two, and multiply it by three shares so the result is six. Thus, each daughter receives one sixth and so does each sister. One sixth of the share of each daughter and sister is estimated at 166 Riyals and 66 Halalas.
After this, the share for each sister is distributed among each one's heirs. This last distribution calculation depends on the number and gender of each sister’s heirs. If the questioner had mentioned them, we might have calculated the distribution as we did in the first case.
Here, it should be noted that matters pertaining to inheritance are very delicate and confusing. Therefore, it is not enough to depend on a Fatwa issued according to a received question in determining this matter. Rather, the case should be referred to the Sharee‘ah courts so it can be investigated more closely. Perhaps there is an heir who is not known, except after research, or there are wills, debts or other dues that the heirs are not aware of.
It is well-known that such dues are given precedence over the rights of heirs. Accordingly, inheritance should not be distributed without consulting the Sharee‘ah courts, if available, to achieve the interests of both the living and the dead.
Allaah Knows best.
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