Article 223 of the Saudi Personal Status Law
المادة 223 من نظام الأحوال الشخصية · الفصل الثالث: الحجب والتعصيب والعول والرد
The article divides residuary heirs into three types: residuary in their own right, residuary through another, and residuary together with another.
Official text (Arabic)
This article has not been amended since the law was issued.
العصبة ثلاثة أنواع، وهي:
1- عصبة بالنفس.
2- عصبة بالغير.
3- عصبة مع الغير.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 223 explained in plain English
This article sets out the types of residuary heirs. Residuary heirs are those who inherit as residuaries, meaning they take what remains of the estate after the heirs entitled to fixed shares, unlike the heirs entitled to fixed shares who take set portions such as one-half and one-sixth.
There are three types of residuary heirs:
- Residuary in their own right: those who inherit as residuaries by themselves without needing anyone else. Article 224 explains that they are the male heirs by kinship except the maternal half-brother, and it arranges their lines in four: descendants, then ascendants, then siblings, then paternal relatives.
- Residuary through another: those who become residuaries because another heir is present with them who makes them residuaries. The following articles set out who falls within this type.
- Residuary together with another: those who become residuaries when they are together with another heir, and the following articles explain who falls within it and its rules.
This article comes within the chapter on exclusion, residuary inheritance, proportional reduction and return, after Article 222, which explains that a person in whom a bar to inheritance exists does not exclude others, and that an excluded person excludes others if the cause of exclusion exists.
Knowing the type of residuary heir is important because it determines how the heir takes his or her share and how the remainder is divided among the heirs. When dividing an actual estate, it is advisable to consult a lawyer specializing in personal status matters.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Active contributorFrequently asked questions about Article 223 of the Saudi Personal Status Law
What are the types of residuary heirs in inheritance?
There are three types of residuary heirs: residuary in their own right, residuary through another, and residuary together with another.
Who are the residuary heirs in their own right?
Under Article 224, they are the male heirs by kinship except the maternal half-brother.
More articles on Inheritance and Heirs' Shares
- Article 164
Being missing ends when the missing person is established to be alive or dead, or when a court judgment treats him as deceased.
ينتهي الفقد في أي من الحالتين الآتيتين: 1- إذا تحققت حياة المفقود أو وفاته. 2- إذا صدر حكم قضائي باعتبار المفقود متوفى.
- Article 166
The court rules that a missing person is deceased at an interested person's request if evidence of death exists; otherwise after 4 years from notification if his death is not likely, or one year from disappearance if it is likely.
تحكم المحكمة -بناءً على طلب من ذي مصلحة- بوفاة المفقود إذا قام الدليل على وفاته. وفيما عدا ذلك، على المحكمة ألا تحكم بوفاته إلا بعد مضي المدة المقررة بحسب الظرو
- Article 167
The date of the ruling that a missing person is deceased is treated as his date of death, unless his true date of death is established later.
يعد تاريخ صدور الحكم بوفاة المفقود تاريخاً لوفاته، ما لم يثبت تاريخ وفاته الحقيقي لاحقاً.
- Article 168
If a missing person is ruled deceased and then appears alive, he recovers his property that still exists in kind from the heirs, and his wife returns to his marriage unless she married another man who consummated the marriage.
يترتب على صدور الحكم باعتبار المفقود متوفى ثم ظهوره حيًّا، ما يأتي: 1- أن يرجع المفقود بالموجود عيناً من ماله على الورثة. 2- أن تعود زوجة المفقود إلى عصمته ما ل
- Article 171
A will is carried out from the testator's estate after paying the costs of preparing the deceased for burial and settling his debts, subject to Article 190 of the Law.
مع مراعاة ما تقضي به المادة (التسعون بعد المائة) من هذا النظام، تنفذ الوصية من تركة الموصي، بعد إخراج نفقات تجهيز الميت وأداء ديونه.
- Article 179
A will in favor of an heir is not carried out unless the other heirs approve it after the death, it is carried out in the share of those who approve, and the beneficiary's status as heir is judged at the time of the testator's death.
1- لا وصية لوارث إلا إذا أجازها بعد الوفاة باقي الورثة، فإن أجازها بعضهم فتنفذ في نصيبهم. 2- المعتبر بكون الموصى له وارثاً هو وقت وفاة الموصي.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.