Inheritance of wife, 6 sons and 4 daughters Fatwa No: 140056
- Fatwa Date:20-9-2010
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have male relatives who are entitled to inherit: (A son) Number 6 (grandson (from the son)) Number 4 (A full brother) Number 2 (A nephew from a full brother) Number 1 (A cousin from a full paternal uncle) Number 1 ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 4 (A granddaughter (from the son)) Number 8 (A wife) Number 1 (A full sister) Number 3 ۞- The Information about pregnant women from the relatives of the deceased are: (His son's wife) ۞- Information about the deceased’s debts: (Debts to people)
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.
First of all, before dividing the inheritance on the eligible heirs, they are obliged to pay the debts of the dead first because debts are given priority over the right of the heirs in the inheritance as Allaah Says in the verses on inheritance (what means): {…after any bequest they [may have] made or debt.}[Quran 4:12] This means that the heirs take what remains from the inheritance after having paid the debts and fulfilling the legitimate will.
However, if the deceased did not leave any other heir except those mentioned in the question, then his wife gets one-eighth of the inheritance as her legal share due to the existence of the children 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 remainder of the inheritance will be divided amongst the six sons and the four daughters 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): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]
As regards the other persons who are mentioned in the question, then they do not get anything from the inheritance of the deceased, including the pregnancy of the wife of his son, because they are all prevented from the inheritance by the existence of the sons of the deceased.
Therefore, the inheritance should be divided into 128 shares, the wife gets one-eighth, which is 16 shares, each son gets 14 shares, and each daughter gets 7 shares.
Allaah Knows best.