Division of inheritance among deceased's mother, wife, daughter and siblings

26-9-2016 | 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 full brother) Number: 1 (A nephew from a full brother) Number: 2 (A full paternal uncle) Number: 3
- Does the deceased have female relatives who are entitled to inherit: (A mother [of the deceased]) (A daughter) Number: 1 (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 is His slave and Messenger.

If the heirs are only those mentioned in the question and the deceased did not leave any other heirs, then his inheritance will be divided as follows:

His mother gets one sixth as her legal share due to the existence of a daughter and siblings; Allaah says (what means): {And if he had brothers [or sisters], for his mother is a sixth.}[Quran 4:11]

His daughter gets a half as her legal share as she is the only child and there is no one to share the inheritance with her 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); Allaah says (what means): {And if there is only one [daughter], for her is half.}[Quran 4:11]

His wife gets one eighth as her legal share due to the existence of the daughter; Allah says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth.} [Quran 4:12]

The remainder should be divided amongst the full-brother and the full-sister by Ta’seeb.

The nephews and the uncles do not get anything from the inheritance as they are prevented by the existence of the brothers, who are closer relatives to the deceased.

Therefore, the inheritance should be divided into 72 shares, the mother gets one sixth, which is 12 shares; the daughter gets a half, which is 36 shares; and the wife gets one eighth, which is 9 shares.

After this division, 15 shares would remain, which is the share of the full-brother and the full-sister. So the full-brother gets 10 shares and the full-sister gets 5 shares.

Allaah knows best.