Inheritance of husband, two sons and three daughters

21-8-2010 | 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 2 (A Husband) ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

If the deceased did not leave any other heir except those who are mentioned in the question, then the husband gets one-fourth of the inheritance as his legal share due to the existence of the children of the deceased; Allaah Says (what means): {But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt.}[Quran 4:12]

The remainder should be divided amongst the three daughters and the two sons 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]

Therefore, the inheritance should be divided into 28 shares, the husband gets one-fourth, which is 7 shares, each son gets 6 shares, and each daughter gets 3 shares.

Allaah Knows best.

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