Question
Reference number: 397464 | Inheritance, Bequests, Endowment, Personal Status | Oct. 25, 2020
According to the Palestinian law, does the mother inherit from her deceased son if he dies while she is still alive?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
Once there are no preventions, the mother inherits from her deceased son, and her share depends on whether he left children and siblings or not. If the son dies, and he has no children (boys or girls), and if he has no siblings or has one or two siblings only, the mother takes a third. If the son leaves children, or if he has more than two siblings, her share is a sixth. It is agreed upon this issue by all scholars: the mother has the right to receive her share from her daughter’s or son’s inheritance once they die before her. This is applied in all Palestinian courts. Allah says: “For parents, a sixth share of inheritance for each if the deceased left children; if (the deceased) left no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts.