Inheritance of mother, wife, one daughter, 8 full brothers and one full sister
Fatwa No: 139515

Question

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 8 (A nephew from a full brother) Number 13 (A full paternal uncle) Number 2 (A cousin from a full paternal uncle) Number 2 ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A wife) Number 1 (A full sister) Number 1

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.

If the heirs are only those mentioned in the question, then the mother gets one-sixth of the inheritance as her legal share due to the existence of the child (daughter) of the deceased and due to the existence of his siblings. Allaah Says (what means): {And for one’s parents, to each one of them is a sixth of his estate if he left children.}[Quran 4:11]

The wife gets one-eighth as her legal share due to the existence of the child (daughter) of the deceased; Allaah Says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12] The daughter gets half of the inheritance as her legal share as Allaah Says about the existence of only one daughter (what means): {And if there is only one, for her is half.}[Quran 4:11]

The remainder will be divided amongst the full brothers and the full sister by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allaah Says (what means): {If there are both brothers and sisters, the male will have the share of two females. Allaah makes clear to you [His law], lest you go astray. And Allaah is Knowing of all things.}[Quran 4:176]

However, the children of the full brother, as well as the uncles and their children, have no right of inheritance because they are prevented from inheritance by the existence of the full brother. Therefore, the inheritance should be divided into 408 shares, the mother gets one-sixth, which is 68 shares, the wife gets one-eighth, which is 51 shares, the daughter gets a half (half of the full share), which is 204 shares, and each full brother gets 10 shares and the full sister gets 5 shares.

Allaah Knows best.

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