Died leaving a wife, 2 sons, 2 full brothers and 2 nephews

10-12-2013 | 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 full brother) Number 2 (A nephew from a full brother) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A wife) Number 1

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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 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 is to be divided amongst his two sons equally 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]

The full brothers and their children do not get anything from the inheritance because they are excluded due to the existence of the sons.

Ibn Al-Munthir said in Al-Ijmaa’: “The scholars agreed in a consensus that full-brothers and full-sisters and the half-brothers and half-sisters from the father’s side do not inherit if there is a son or a grandson or even a great grandson. They also do not inherit if the father is alive.”

Therefore, the inheritance should be divided into 16 shares; the wife gets one-eighth which is 2 shares, and each son gets 7 shares.

Allaah Knows best.