Inheritance of mother, husband, one son and two daughters Fatwa No: 229447
- Fatwa Date:13-12-2013
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 1 (A full brother) Number 1 (A Husband) -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 2 (A full sister) 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 her mother gets one-sixth as her 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] Her husband gets one-fourth as his legal share due to the existence of the children; Allaah says (what means): {...but if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt...}[Quran 4:12] The remainder should be divided amongst her son and her 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] The full-brother and the full-sister do not get anything from the inheritance because they are prevented by the existence of the son. Ibn Al-Munthir said: “The scholars agreed in a consensus that full-brothers and full-sisters and the half-brothers and half-sisters from the father’s side do not inherit if there is a son or a grandson or even a great grandson. They also do not inherit if the father is alive...” Therefore, the inheritance should be divided into 48 shares; the mother gets one-sixth which is 8 shares; the husband gets one-fourth which is 12 shares, the son gets 14 shares and each daughter gets 7 shares. Allaah Knows best.