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Fatwa CenterDied leaving parents, husband and one daughter
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have male relatives who are entitled to inherit: (A father) (A full brother) Number 1 (A Husband) ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A full sister) Number 2 ۞- Information about the deceased’s debts : (Expiations (of an oath and the like)) ۞- Additional information : The person had 150 days of fasts remaining. The person did not use to pray regularly before her 30s
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 
is His slave and Messenger.
First of all, before dividing the inheritance of this woman, it is an obligation to pay out the expiations that she was obligated to pay before her death, because it is a debt which she owed to Allaah and the debt takes priority over the right of the heirs in the wealth of the dead. After paying out the expiations, the remainder of the inheritance should be divided among the heirs.
If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the daughter gets a half of the inheritance as her legal share and the mother gets one-sixth and the father also gets one-sixth as their legal shares due to the existence of the child of the deceased. Allaah Says about the inheritance of one daughter and the parents of the deceased (what means): {And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children.}[Quran 4:11]
As for the husband, then he gets one-fourth as his legal share due to the existence of the child of the deceased. 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 full brother and the two full sisters have no right in the inheritance as they are all prevented from the inheritance by the existence of the father.
Therefore, the issue is that the total legal shares exceed the total sum of the inheritance, so the shares of the heirs are regulated and the share of each one of them is reduced. Hence, the inheritance should be divided into 13 shares, the mother gets 2 shares, the father also gets 2 shares, and the daughter gets 6 shares, and the husband gets 3 shares.
As regards the fasting that the dead missed, then if she died while having to make up any fasts, there are two cases:
1- If she was not able to make up for the fasting she missed because of a sound reason that prevented her from fasting until she died, then she is not sinful and there is no need to fast on her behalf.
2- If she was able to make up for the fasting she missed but she was negligent in making it up until she died, in this case, for each day, a needy person should be fed with one Mudd of food (750 grams of the staple food of the country), and if one of her relatives wants to fast on her behalf, he/she may do so and this is desirable as the Prophet said: “Whoever dies while having fasts (to be made up), then his guardian may fast on his behalf.” Also, even if a non-relative wants to fast on her behalf, then he should seek the permission of her guardians as a way to avoid the difference of opinion among the scholars in this regard.
For more benefit on the ruling of fasting on behalf of a dead person, please refer to Fataawa 83336 and 135317. Also, for the ruling on making up the prayer on behalf of a dead person, please refer to Fatwa 84938.
Allaah Knows best.
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