Division of inheritance among wife, 6 daughters and grandson

27-3-2016 | 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 grandson [from the son]) Number 1 (A full brother) Number 2 (A nephew from a full brother) Number 2 - Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 6 (A wife) Number 1 (A full sister) Number 1

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 heirs other than those mentioned in the question, then his wife gets one-eighth as her legal share due to the existence of the children (direct heirs); Allaah 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]

His daughters get two-thirds as their legal share – which they divide equally between them – as Allaah says about the existence of a number of daughters (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.} [Quran 4:11]

The remainder of the inheritance is given to his grandson by ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed), as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, “Give the prescribed share of inheritance to those who are entitled to it, and the remainder is for the nearest male blood relative.” [Al-Bukhari and Muslim]

His full-brothers, his full-sister, and his nephews do not get anything from the inheritance because they are prevented by the existence of the grandson. Ibn Al-Munthir  may  Allaah  have  mercy  upon  him said, “The scholars agreed in consensus that the full-brothers and full-sisters, and the half-brothers and half-sisters from the father’s side only, do not inherit if there is a son or a grandson (from the son) or a great grandson, or a father.

Therefore, the inheritance should be divided into 72 shares, the wife gets one-eighth, which is 9 shares; the six daughters get two-thirds, which is 48 shares, so each one of them gets 8 shares; the remainder is 15 shares, which will be given to the grandson.

Allaah knows best.

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