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Fatwa CenterPresence of deceased's father excludes siblings from inheritance
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) (A full brother) Number 3
- Does the deceased have female relatives who are entitled to inherit : (A mother [of the deceased]) (A grandmother from the mother) (A full sister) Number 3
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
If the deceased did not leave behind heirs other than those mentioned, then the mother gets one sixth of the estate as a fixed share, because the deceased had siblings. Allah, the Exalted, says (what means): {And if he had brothers (or sisters), for his mother is a sixth...} [Quran 4:11]
The deceased's father gets the remainder of the estate by virtue of Taʻseeb (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). Ibn ʻAbbaas, may Allah be pleased with him, narrated that the Prophet, sallallahu ‘alayhi wa sallam, said, "Give the Faraa'idh (the shares of inheritance prescribed in the Quran) to those who are entitled to them and whatever is left should be given to the closest male relative." [Al-Bukhaari and Muslim]
The brothers and sisters get no share of the inheritance because they are excluded by the presence of the father. Ibn Al-Munthir 
wrote, "The scholars agreed in consensus that the full-brothers and full-sisters and the half-brothers and half-sisters from the father’s side do not inherit if there is a son, a grandson, a great-grandson (down to all levels), or a father." [Al-Ijmaaʻ]
The deceased's grandmother gets no share of the inheritance given the presence of the mother. Ibn Al-Munthir wrote, "They agreed in consensus that the mother excludes both grandmothers of the deceased from inheritance." [Al-Ijmaaʻ]
Hence, the estate should be divided into six shares; the mother gets one sixth (one share), and the father gets the remainder (five shares).
Allah knows best.
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