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Fatwa CenterDivision of inheritance among a mother, a wife, 3 daughters and 3 full siblings
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 2 (A half brother (from his father)) Number 1 (A half brother (from his mother)) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 3 (A wife) Number 1 (A full sister) Number 1 (A half sister (from the father)) 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, is His Slave and Messenger.
If the deceased has not left other eligible heirs entitled to inherit except those mentioned in the question, then the mother gets one sixth of the estate as a fixed share because the deceased had children and siblings entitled to inherit. Allaah, The Exalted, 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]
The deceased’s wife gets one eighth of the estate as a fixed share because the deceased had children. Allaah, The Exalted, says (what means): {… But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt…}[Quran 4:12]
The three daughters get two thirds of the estate as a fixed share; Allaah, The Exalted, says about the inheritance of the daughters (what means): {…and if there are daughters - two or more- then for them is two thirds of what he left...}[Quran 4:11]
The remainder of the estate is to be divided among the two full brothers and the full sister by virtue of Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share in the estate); the male gets double the share of the female. Allaah, The Exalted, says (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females…}[Quran 4:11]
Hence, the estate should be divided into 360 shares; the daughters get two thirds (240 shares), so each gets 80 shares; the mother gets one sixth (60 shares), the wife gets one eighth (45 shares), each full brother gets 10 shares, and the full sister gets 5 shares.
The rest of the deceased's relatives do not get any share.
We would like to warn the questioner that the division of the inheritance is a serious and complex matter; it is not enough to settle for seeking an online Fatwa on the matter. Instead, you should refer the case to a Sharee'ah-court for investigation; perhaps other eligible heirs entitled to inherit would be discovered in the process. Moreover, the deceased may have left a will or been liable to debts or have any other liabilities of which the heirs are not aware. It is well-known that the repayment of the debts and the liabilities should be given priority over the heirs’ rights to the estate. Therefore, you should not distribute the estate without referring the case to Sharee'ah-court, if available, in order to preserve the interests of the living and the dead alike.
Allaah Knows best.
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