Inheritance of three sons and five daughters Fatwa No: 197377
- Fatwa Date:13-2-2013
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 3 (grandson (from the son)) Number 6 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 5 (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 deceased did not have heirs except those mentioned in the question, then the estate will be wholly for his three sons and five 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]
Nothing will be given to the grandchildren nor the two full sisters because they are prevented from any share in the inheritance by the existence of the son of the deceased. Based on that, the estate should be divided into 11 shares; 2 shares for every son and 1 share for every daughter.
Allaah Knows best.