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Fatwa CenterInheritance of mother, wife, 3 sons 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 son) Number 3 (A full brother) Number 2 (A nephew from a full brother) Number 7 ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A wife) Number 1 (A full sister) Number 3 ۞- The Information about pregnant women from the relatives of the deceased are : (His son's wife)
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.
If the deceased did not leave any other heirs except those mentioned in the question, then his mother gets one-sixth of the inheritance 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] His wife gets one-eighth as her legal share due to the existence of the children of the deceased; 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]
The remainder should be divided amongst the three sons and the daughter 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]
As regards the deceased’s full brothers and their children and his full sisters, as well as the pregnancy of the wife of his son, then they do not get anything from the inheritance because they are all prevented from inheritance by the existence of the sons of the deceased.
Therefore, the inheritance should be divided into 168 shares, the mother gets one-sixth, which is 28 shares, the wife gets one-eighth, which is 21 shares, the daughter gets 17 shares and each son gets 34 shares.
Allaah Knows best.
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