Division of estate among a wife, mother, 4 daughters and 4 brothers

25-4-2014 | 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 full brother) Number 4 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 4 (A wife) Number 1

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 of the estate as her legal share due to the existence of children 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 children; 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]

His daughters get two-thirds as their legal share as Allaah says about a group of daughters (what means):{...But if there are [only] daughters, two or more, for them is two thirds of one’s estate...}[Quran 4:11]

The remainder is to be divided among the full-brothers 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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) 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]

Therefore, the inheritance should be divided into 96 shares: the mother gets one-sixth which is 16 shares; the wife gets one-eighth, which is 12 shares; the daughters get two-thirds, which is 64 shares altogether; so each one of them gets 16 shares, and each full-brother gets 1 share.

Allaah Knows best.

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