Inheritance of father, wife, two sons and two daughters Fatwa No: 158473
- Fatwa Date:13-6-2011
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 2 (A father) (A full brother) Number 3 (A half brother (from his father)) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 2 (A wife) 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 father gets one-sixth of the inheritance as his legal share due to the existence of the children of the deceased as 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] His wife gets one-eighth as her legal share due to the existence of the children; 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 should be divided amongst the two sons and the two 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]
However, the full brothers do not get anything from the inheritance because they are prevented by the existence of the son and by the existence of the father as well. Ibn Al-Munthir said: “The scholars agreed in a consensus that the full-brothers and full-sisters and the half-brothers and half-sisters from the father’s side only, do not inherit if there is a son or a grandson or even a great grandson of the deceased, and they do not inherit in the presence of the father as well.”
Therefore, the inheritance should be divided into 144 shares, the father gets one-sixth, which is 24 shares, the wife gets one-eighth, which is 18 shares, each daughter gets 17 shares, and each son gets 34 shares.
Allaah Knows best.