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Fatwa CenterDivision of estate among one daughter and two full brothers
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 2 (A nephew from a full brother) Number 3
- Does the deceased have female relatives who are entitled to inherit: (A daughter) 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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the deceased left no other heirs other than those mentioned in the question, then the daughter gets half of the estate as a fixed share. Allah, the Exalted, says (what means): {...and if there is only one (daughter), for her is half...} [Quran 4:11]
The remainder of the estate is given to the two full brothers by virtue of Taʻseeb (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 Prophet, sallallaahu ‘alayhi wa sallam, said, "Give the fixed shares to those who are entitled to them and whatever remains is given to the closest male relative." [Al-Bukhaari and Muslim]
The deceased's nephews (sons of the full brothers) do not get any share because they are totally excluded by the existence of the full brother(s).
Hence, the estate should be divided into four shares; the daughter gets two shares and each full brother gets one share.
Allah knows best.
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