Inheritance of a Wife, Son and Daughter
Fatwa No: 375415

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 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A wife) Number 1 - Additional information : diseased has $50,000 and 11 acres of workable land

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

If a person dies and leaves behind a wife, one daughter, and one son and he does not leave any other heir, like a father, mother, grandfather, or grandmother, then his wife gets one-eighth as her legal share due to the existence of the children (direct heirs); Allah 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]

The remainder will be divided amongst the son and the daughter by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share. They get what is left after the allotted shares have been distributed). The male twice the share of the female as Allah Says (what means): {Allah 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]

Therefore, the inheritance should be divided into 24 shares; the wife of the deceased gets one-eight, which is 3 shares; the son gets 14 shares, and the daughter gets 7 shares.

The money that you mentioned must be divided according to these shares, as well as the land.

Allah knows best.

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