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Fatwa CenterDistributing inheritance among wife, four sons, and three 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 4
- Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3 (A wife) Number 1
- Additional information: Assalaamu alaykum. When we, the last two brothers, were going to marry, our father distributed the property according to the Shariah concern, and that time all our sisters told us that they were not asking for their parts, and that we should first get married and then after they would take their parts as divided.
Also, we, all four brothers, made a construction in our portions individually for individual needs. The property deed was made before our construction. Now the property rates are more than in the year 2010. We have still not paid any of our sisters' parts. In the year 2010, property rates were also less because of uncertain conditions in the area. Now they are higher than in the year 2010. How are we, all brothers, to pay to our sisters; according to the old agreement when our father was alive, or as things are now while our mother is still alive? Please help us in the way. May Allah reward you.
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 deceased left behind a wife, three daughters, and four sons and did not leave any other heir, then his wife gets one eighth as her legal share due to the existence of the children (direct heirs); Allah says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.} [Quran 4:12]
The remainder should be divided amongst the sons and daughters 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 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]
Therefore, the inheritance should be divided into 88 shares, the wife gets one eighth, which is 11 shares; each son gets 14 shares; and each daughter gets 7 shares.
It is not clear to us what you mean by saying: "…our father distributed the property according to the Shariah concern, and that time all our sisters told us that they were not asking for their parts…"; do you mean that he distributed it to you in his lifetime while he was in good health, in which case it is a gift? Or do you mean that he ordered that it be divided amongst you after he dies, as may be understood from the statement of the daughters, who said that "they were not asking for their parts…" Likewise, the rest of what you mentioned is somewhat ambiguous and needs a clarification of some details, so we cannot answer it. Hence, we advise you to orally ask the scholars about it.
Allah knows best.
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