Inheritance of a Son and Five Daughters Fatwa No: 378046
- Fatwa Date:26-6-2018
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 5 (A full sister) Number 1
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 the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then his inheritance should be divided amongst his son and his five 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 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]
However, his full-sister does not get anything from the inheritance because she is prevented by the existence of his son.
Ibn Al-Munthir said in Al-Ijmaa’: "The scholars agreed in a 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, or even a great grandson; and they also do not inherit with the existence of the father." [End of quote]
Therefore, the inheritance should be divided into 7 shares; the son gets 2 shares; and each daughter gets 1 share.
Allah knows best.