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Fatwa CenterDivision of inheritance among 2 sons and 5 daughters
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 2
- Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 5
- Additional information: Please note my dad left two sons and five daughters including me as the youngest. All children married, settled, and live separately. One unmarried daughter (myself) was an earning hand and used to do the maintenance of the house for more than one and half decade, whereas my brothers took care of our parents' kitchen expense. I got married two months after my dad's death, whereas one married sister (the eldest) with her family excluding her husband had been living in the same house in the upper portion while being dependent on my brothers. Her kids have been earning well for the last year (since dad died), but they still kept living in the house whereas my eldest sister said that she would not live here now as the parents are no more alive. Her kids are earning and the youngest sister (myself) got married too. Nevertheless, they continued living here and have been using all my household valuables that were bought by me. What is the share of my sister now as a heir. Do we deduct her rent from her share as it is a joint property in which all my household items have been their use too since a year. After dad's death, the brothers did not spend on my marriage and I managed my marriage expense and everything from my own savings (although I have not worked for the last three to four years because i was sick and looked after dad too whilst he was bedridden). Please explain what her and my shares are in detail so that a just distribution can be made. Thank you.
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.
As for the person who died and left behind two sons and five daughters and did not leave any other heirs, then his inheritance shall be divided between them 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]
Therefore, the inheritance should be divided into nine shares, each son gets two shares, and each daughter gets one share. There is no difference between a married or an unmarried person amongst them, nor between a poor or a rich, each one of them will take his/her legal prescribed share from the inheritance as we have mentioned.
Everything that the deceased had left, whether that be a house or other things, will be divided according to these shares, every son gets two shares, and every girl gets one share in it.
As for what you have mentioned about the house and the household items, then it is not clear enough so that we can give an answer to that. All that we can say is that if you agree about it in any given matter, then this is permissible as long all of you are adults and of sound mind. If there is any dispute between you, then you have to take the matter to an Islamic court.
Allaah knows best.
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