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Fatwa CenterDividing estate among husband, two daughters and six 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 5 (A nephew from a full brother) Number 15 (A husband)
- Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 2 (A full sister) Number 1
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, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
If the heirs are only those mentioned in the question, the estate should be divided as follows:
The husband gets one fourth of the estate as a fixed share given the existence of the deceased's descendants, i.e. the daughters. Allah, the Exalted, says (what means): {But if they have a child, for you is one fourth of what they leave ...} [Quran 4:12]
The two daughters get two thirds of the estate as a fixed share; Allah, the Exalted, says (what means): {But if there are (only) daughters, two or more, for them is two thirds of one's estate.} [Quran 4:11] Moreover, the Prophet, sallallahu ‘alayhi wa sallam, said to the brother of Sa‘d ibn Ar-Rabee‘, may Allah be pleased with him, "Give the two daughters of Sa‘d two thirds..." [Al-Haakim and Ath-Thahabi graded it saheeh (sound)]
The remainder of the estate after deducting the shares of the husband and the two daughters should be divided among the full brothers and sister by virtue of Ta‘seeb (i.e. 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 double the share of the female. Allah, the Exalted, says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]
The deceased's nephews (sons of the full brothers) do not get any share, because they are wholly excluded by the existence of the full brothers.
Hence, the estate should be divided into 132 shares; the husband gets one fourth (33 shares), the two daughters get 88 shares, and the remaining 11 shares should be divided among the full siblings; each brother gets two shares and the sister gets one share.
Allah knows best.
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