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Fatwa CenterDivision of inheritance among husband, five sons, and 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 5 (A grandson [from the son]) Number 9 (A nephew from a full brother) Number 6 (A husband)
- Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 1 (A granddaughter [from the son]) Number 7 (A full sister) Number 1
- Additional information: one of her sons is lame (lost 1 leg in an accident)
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad 
is His slave and Messenger.
If the heirs are only those mentioned in the question and the deceased did not leave any other heir, then those who inherit are the husband and the direct children only. The inheritance should be divided between them as follows:
The husband gets one fourth as his legal share due to the existence of children; Allah 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 remainder after the share of the husband is taken out shall be divided amongst the direct children (the five sons and the daughter) by virtue of Ta’seeb (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 Allah says (what means): {Allah 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]
The fact that one of them is handicapped (lame) is of no effect in the division of inheritance.
The grandsons and granddaughters of the deceased have no share in the inheritance. The full-sister and the nephews from the full-brother have no share in the inheritance either as they are all prevented by the existence of the children.
Therefore, the inheritance should be divided into 44 shares, the husband gets one fourth, which is 11 shares, each son gets 6 shares, and the daughter gets 3 shares.
Allah knows best.
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