Inheritance of a grandmother, 3 half-brothers and 4 half-sisters

15-9-2013 | 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 half brother (from his father)) Number 3 (A full paternal uncle) Number 1 (A cousin from a full paternal uncle) Number 7 -Does the deceased have female relatives who are entitled to inherit : (A grandmother from the mother) (A half sister (from the father)) Number 4

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the deceased did not leave any other heir than those mentioned in the question, then his grandmother gets one-sixth of the inheritance as her legal share. Buraydah  may  Allaah  be  pleased  with  him said: "The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) assigned one-sixth of the inheritance for the grandmother if the deceased did not leave a mother.” [Abu Daawood and An-Nasaa’i - Both Ibn Khuzaymah and Ibn Al-Jaarood classified it as Saheeh (sound), and Ibn ‘Adiyy considered it as having a strong chain of narration]

Ibn Al-Munthir  may  Allaah  have  mercy  upon  him said: “The scholars agreed in a consensus that the grandmother gets one-sixth of the inheritance if the deceased did not leave a mother.

The remainder will be divided amongst his half-brothers and half-sisters from the father’s side 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 gets twice the share of the female as Allaah says (what means): {If there are both brothers and sisters, the male will have the share of two females.}[Quran 4:176]

The full paternal uncle and his sons will not get anything from the inheritance as they are prevented from getting inheritance because of the existence of the half-brother from the father’s side.

Therefore, the inheritance will be divided into 12 shares, the grandmother gets one-sixth, which is 2 shares as her legal share, each half-brother from the father’s side gets 2 shares by Ta’seeb, and each half-sister from the father’s side gets 1 share by Ta’seeb.

Allaah knows best.

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