Inheritance of husband, 5 sons and 4 daughters

21-8-2010 | IslamWeb

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 (grandson (from the son)) Number 7 (A full brother) Number 2 (A nephew from a full brother) Number 5 (A Husband) ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 4 (A granddaughter (from the son)) Number 9

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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.

If the heirs are only those mentioned in the question, then the husband gets one-fourth of the inheritance as his legal share due to the existence of children of the deceased; Allaah 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 will be divided amongst the direct sons and direct 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 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]

However, the sons and daughters of the son, as well as the brothers and their children do not inherit anything as they are all prevented from inheritance by the existence of the son.

Therefore, the inheritance should be divided into 56 shares, the husband gets one-fourth, which is 14 shares, each son gets 6 shares, and each daughter gets 3 shares.

Allaah Knows best