Inheritance of mother, a wife, two daughters and two sisters Fatwa No: 181959
- Fatwa Date:21-6-2012
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (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 2 (A wife) Number 1 (A full sister) Number 2
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the heirs are only those mentioned in the question, then the two daughters get two-thirds of the inheritance as the Prophet ruled two-thirds for the two daughters of Sa’d Ibn Ar-Rabee’ .
The mother gets one-sixth as her legal share due to the existence of the children of the deceased; 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 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 will be divided amongst the two full sisters 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); this is because the sisters may inherit by Ta’seeb in case the deceased leaves only daughters.
Therefore, the inheritance should be divided into 48 shares, the two daughters get two-thirds, which is 32 shares, the mother gets one-sixth, which is 8 shares, the wife gets one-eighth, which is 6 shares and the reminder is 2 shares which will be divided amongst the two full sisters.
With regard to the cousins, then they do not get anything from the inheritance because as far as T’aseeb is concerned, they are prevented by the existence of the two full sisters as their parental relation with the deceased is nearer than that of the cousins.
Allaah Knows best.