Inheritance of wife, parents, one son and one daughter
8-7-2010 | 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 son) Number 1 (A father) (A full brother) Number 3 (A nephew from a full brother) Number 2 (A full paternal uncle) Number 5 (A cousin from a full paternal uncle) Number 9 ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A wife) Number 1 (A full sister) 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 
is His slave and Messenger.
If the heirs are only those mentioned in the question and the deceased did not leave any other heir, then those who inherit amongst them are only the mother, the father, the son, the daughter and the wife. The remaining relatives do not inherit as they are prevented by the existence of the son and the father of the deceased. In which case, the mother gets one-sixth as her legal share and the father gets one-sixth as well because of the existence of the children of the deceased; Allaah 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 wife gets one-eighth as her legal share due to the existence of the children of the deceased; Allaah 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 will 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, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allaah 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]
In which case, the inheritance should be divided into 72 shares, the mother gets one-sixth of it, which is 12 shares, the father gets one-sixth, which is 12 shares, the wife gets one-eighth, which is 9 shares, the son gets 26 shares, and the daughter gets 13 shares.
Allaah Knows best.