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Fatwa CenterInheritance of parents, wife, one son and one daughter
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 1 (A father) -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A wife) Number 1 - Information about the deceased’s debts : (Debts to people)
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, is His slave and Messenger.
First, before dividing the inheritance among its legitimate heirs, it is an obligation to pay the debts due on the diseased person because debts come in priority over the right of the heirs in the inheritance. After paying the debts, the remainder of the inheritance should be divided on the heirs according to the Sharee’ah (Islamic law).
If the deceased did not leave any other heirs except those mentioned in the question, then his mother gets one-sixth as her legal share and his father gets one-sixth as well as his legal share due to the existence of direct heirs (children). Allaah The Almighty Says (what means): {And for one’s parents, to each one of them is a sixth of his estate if he left children.}[Quran 4:11]
His wife gets one-eighth as her legal share due to the existence of the children (direct heirs); Allaah The Almighty 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 son and the daughter by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share. Thus, they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allaah The Almighty 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]
Therefore, the inheritance should be divided into 72 shares, the mother gets one-sixth, which is 12 shares, the father also gets one-sixth, which is 12 shares, and the wife gets one-eighth, which is 9 shares, and the son gets 26 shares and the daughter gets 13 shares.
Allaah Knows best.
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