Fatwa

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

Inheritance of a father, wife, grandmother and 2 sons
Fatwa No: 225802

Question

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 4 (A nephew from a full brother) Number 2 (A cousin from a full paternal uncle) Number 14 -Does the deceased have female relatives who are entitled to inherit : (A wife) Number 1 (A grandmother from the mother) (A full sister) Number 4

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 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. 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]

His wife gets one-eighth of the inheritance as her legal share due to the existence of the children of the deceased; Allaah The Almighty 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]

His grandmother gets one-sixth of the inheritance as her legal share for Buraydah said: "The Prophet, sallallaahu ‘alayhi wa sallam, assigned one-sixth of the inheritance for the grandmother if the deceased did not leave a mother.” [Abu Daawood and An-Nasaa’i - Both Ibn Khuzaymah and Ibn Al-Jaarood classified it as Saheeh (sound), and Ibn ‘Adiyy considered it as having a strong chain of narrators] Ibn Al-Munthir said: “The scholars agreed in a consensus that the grandmother gets one-sixth of the inheritance if the deceased did not leave a mother.”

The remainder goes to his two sons by Ta‘seeb (by virtue of having a paternal relation with the deceased and not having a prescribed share), for the Prophet, sallallaahu ‘alayhi wa sallam, said: "Give the prescribed share of inheritance to those who are liable for it and the remainder [of it] is for the nearest male blood relative." [Al-Bukhari and Muslim]

Nothing is given to his brothers, sisters, their children and his cousins because all of them are excluded from inheritance by the son and father.

Thus, the estate will be divided into 48 shares: one-sixth for the father (8 shares), one-eighth for the wife (6 shares), one-sixth for the grandmother (8 shares); and each son will get 13 shares.

Allaah Knows best.

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