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Fatwa CenterDied leaving 6 sons and 3 daughters from two husbands
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 6 - Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 3 - Additional information: Dear scholars, my question is regarding the inheritance of a woman (owner of the property) who got married two persons. She was briefly married to a person and had a son and daughter from him (husband no.1), and he died in an accident. Afterwards, she married another person with whom she had five sons and two daughters. The second husband also died after several years. How should the property be distributed among the children who are uterine siblings related through the mother only. It is important to note that the property in question is the woman's own ancestral property and that neither of the two husbands were owners of it. Please enlighten us.
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.
The children of the deceased woman are entitled to inherit from her, and the fact that they are not from the same father does not change anything in this regard because she is their mother. The male gets double the share of the female. If she has no other heirs entitled to inherit except her six sons and three daughters, then the estate should be divided among them by virtue of taʻseeb (i.e. 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 gets twice the share of the female; as Allaah, The Exalted, says (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11]
Hence, the estate should be divided into fifteen shares, each son gets two shares and each daughter gets one share.
Allaah knows best.
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