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Fatwa CenterDivision of inheritance among a wife, mother, 2 daughters and 10 siblings
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 4 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 2 (A wife) Number 1 (A full sister) Number 6
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the deceased did not leave any heir except those mentioned, then the two daughters will get two-thirds of the estate as the Prophet, sallallaahu ‘alayhi wa sallam, gave two thirds to the two daughters of Sa‘d ibn Ar-Rabee‘. [Ahmad, Abu Daawood and At-Tirmithi]
The wife gets one-eighth due to the existence of the children of the deceased for Allaah The Exalted says (what means): {But if you leave a child, then for them [i.e., wives] is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12]
The mother gets one-sixth due to the existence of the children (of the deceased); Allaah The Exalted 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]
The remainder will be divided among the brothers and sisters 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. The estate will be divided into 336 shares: The two daughters will get two-thirds, i.e. 224 shares; each of them will get 112 shares, one-sixth (56 shares) for the mother, one-eighth (42 shares) for the wife, and 2 shares for each brother and one share for each sister.
Here, we must inform the questioner that the matter of estates is a very serious and complex matter. It is not possible to be sufficed by or to rely upon a mere Fatwa, prepared by one who simply received the question. Rather, this matter must be raised to the legitimate courts in order to be examined and resolved. There may be an heir that will remain unknown until after an investigation. There may also be a will, debts, or other rights about which the heirs do not know; and such things take precedence over the right of the heirs regarding wealth. It is thus not correct to divide the estate without referring to the legitimate courts, if such courts exist, for the benefit of both the living and the dead.
Allaah Knows best.
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