Division of inheritance among wife, 6 daughters and grandson Fatwa No: 318010
- Fatwa Date:27-3-2016
Assalaamu alaykum. Please calculate the inheritance according to the following information: - Does the deceased have male relatives who are entitled to inherit: (A grandson [from the son]) Number 1 (A full brother) Number 2 (A nephew from a full brother) Number 2 - Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 6 (A wife) Number 1 (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 heirs other than those mentioned in the question, then his wife gets one-eighth as her legal share due to the existence of the children (direct heirs); 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]
His daughters get two-thirds as their legal share – which they divide equally between them – as Allaah says about the existence of a number of daughters (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.} [Quran 4:11]
The remainder of the inheritance is given to his grandson by ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed), as the Prophet said, “Give the prescribed share of inheritance to those who are entitled to it, and the remainder is for the nearest male blood relative.” [Al-Bukhari and Muslim]
His full-brothers, his full-sister, and his nephews do not get anything from the inheritance because they are prevented by the existence of the grandson. Ibn Al-Munthir said, “The scholars agreed in consensus that the full-brothers and full-sisters, and the half-brothers and half-sisters from the father’s side only, do not inherit if there is a son or a grandson (from the son) or a great grandson, or a father.”
Therefore, the inheritance should be divided into 72 shares, the wife gets one-eighth, which is 9 shares; the six daughters get two-thirds, which is 48 shares, so each one of them gets 8 shares; the remainder is 15 shares, which will be given to the grandson.
Allaah knows best.