Inheritance of mother, wife, one son and one daughter

20-9-2010 | 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 full brother) Number 6 ۞-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 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 heirs except those mentioned in the question, then his mother gets one-sixth as her legal share due to the existence of the children of the deceased as 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] His 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 should 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]

However, the full brothers and the full sisters do not get anything from the inheritance because they are prevented by the existence of the son of the deceased.

Therefore, the inheritance should be divided into 72 shares, the mother gets one-sixth, which is 12 shares, the wife gets one-eighth, which is 9 shares, the son gets 34 shares and the daughter gets 17 shares.

Allaah Knows best.

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