Died leaving a husband, a father, five brother and two sisters

25-5-2011 | 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 father) (A full brother) Number 5 (A Husband) -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 2

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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 her husband gets a half of the inheritance as his legal share due to the non-existence of the children of the deceased as Allaah Says (what means): {And for you is half of what your wives leave if they have no child.}[Quran 4:12]

The remainder is for the father 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); as the Prophet said: “Give the prescribed share of inheritance to those who are eligible for it and the remainder [of it] is for the nearest male blood relative.” [Al-Bukhari and Muslim]

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

Therefore, the inheritance should be divided into 2 shares, the husband gets a half, 1 share, and the father gets the remainder, 1 share.

Allaah Knows best.