Fatwa

  1. Fatwa
  2. Fiqh of Transactions and Inheritance
  3. Fiqh of Inheritance
  4. Calculation of inheritance

Inheritance of mother, wife, 2 daughters and 7 siblings
Fatwa No: 217675

Question

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 4 (A full paternal uncle) Number 5 -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 3

Answer

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 mother gets one-sixth of the inheritance due to the existence of the children of the deceased and a group of his siblings; Allaah The Almighty 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]

The wife gets one-eighth due to the existence of the children for Allaah The Almighty says (what means): {But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12]

His two daughters get two-thirds for Allaah The Almighty says (what means) regarding the group of daughters: {But if there are [only] daughters, two or more, for them is two thirds of one's estate.}[Quran 4:11]

Also, the Prophet, sallallaahu ‘alayhi wa sallam, said to the brother of Sa'd ibn Ar-Rabee' : "... give the two daughters of Sa‘d two-thirds (of his property) ..." [Ahmad and Abu Daawood]

The remainder goes to the full brothers and sisters by Ta’seeb (by virtue of having a parental 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 gets twice the share of the female as Allaah The Almighty says (what means): {If there are both brothers and sisters, the male will have the share of two females.}[Quran 4:176]

Nothing is given to the full paternal uncles because all of them are prevented from inheritance by the full brothers. Thus, the estate will be divided into 264 shares: one-sixth for the mother (44 shares), one-eighth for the wife (33 shares), two-thirds for the two daughters (176 shares); each of them will get 88 shares, and 2 shares for each full brother and one share for each full sister.

Allaah Knows best.

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