Inheritance of wife, 3 sons and 4 daughters

15-10-2010 | 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 3 (grandson (from the son)) Number 17 (A son of the son's son) Number 3 ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 4 (A granddaughter (from the son)) Number 3 (A wife) Number 1 ۞- The Information about the missing relatives of the deceased are : 1, Brother

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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 deceased did not leave any other heirs except those mentioned in the question, then the heirs among them are his wife and his direct children (sons and daughters) only. The grandchildren and the brother – whether he is existent or missing - do not get anything from the inheritance because they are all prevented from the inheritance by the existence of the direct children of the deceased.

Therefore, the inheritance should be divided as follows:

His wife gets one-eighth as her legal share due to the existence of the children of the deceased as Allaah Says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave.}[Quran 4:12]

After the wife gets her legal share, the remainder will be divided amongst the children 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 80 shares, the wife gets one-eighth of it, which is 10 shares, and each girl gets 7 shares and each son gets 14 shares.

Allaah Knows best.