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Fatwa CenterInheritance of father and two wives
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A father) -Does the deceased have female relatives who are entitled to inherit : (A wife) Number 2
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.
If the deceased did not have any heirs except those mentioned, then his two wives will get one-fourth of inheritance, to be divided equally between them, because the deceased has no children. Allaah The Exalted says (what means): {And for the wives is one fourth if you leave no child} [Quran 4:12].
The remainder of the inheritance will be given to his father by Ta'seeb (by virtue of having a parental 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, said: “Give the prescribed shares to their due recipients and what remains would be for the nearest male relative.” [Al-Bukhari and Muslim]
Based on that, the estate should be divided into 8 shares, one-fourth (2 shares) of which should be given to the two wives; one each, and the rest (6 shares) will be given to the father.
Allaah Knows best.
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