Inheritance of wife, a full-brother and a full-sister Fatwa No: 141951
- Fatwa Date:1-11-2010
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 1 ۞-Does the deceased have female relatives who are entitled to inherit : (A wife) Number 1 (A full sister) Number 1
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 deceased did not leave any other heirs except those mentioned in the question, then his wife gets one-fourth of the inheritance as her legal share due to the non-existence of any children of the deceased as Allaah Says (what means): {And for them [i.e. the wives] is one fourth if you leave no child.}[Quran 4:12]
The remainder should be divided amongst the full-brother 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): {Allaah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.}[Quran 4:176]
Therefore, the inheritance should be divided into 4 shares, the mother gets one-fourth, which is 1 share, the full-brother gets 2 shares and the full-sister 1 share.
Allaah Knows best.