Division of inheritance among a husband, two brothers and five sisters

10-3-2016 | IslamWeb

Question:

Assalaamu alaykumPlease calculate the inheritance according to the following information: - Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 2 (A nephew from a full brother) Number 2 (A full paternal uncle) Number 1 (A father's half brother [from the father's father]) Number 1 (A cousin from a full paternal uncle) Number 1 (A cousin from a half paternal uncle) Number 1 (A husband) - Does the deceased have female relatives who are entitled to inherit: (A full sister) Number 5 (A half sister [from the father]) 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 is His slave and Messenger.

If the deceased woman did not leave any other heir except those mentioned in the question, then her husband gets half as his legal share due to the inexistence of direct heirs (children); Allaah says (what means): {And for you is half of what your wives leave if they have no child.} [Quran 4:12]

The remainder will be divided among her two full-brothers and five full-sisters 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): {If there are both brothers and sisters, the male will have the share of two females. Allaah makes clear to you [His law], lest you go astray. And Allaah is Knowing of all things.} [Quran 4:176]

The remaining heirs mentioned in the question do not get any share from the inheritance because they are prevented by the existence of the full-brothers.

Therefore, the inheritance should be divided into 18 shares, the husband gets half, which is 9 shares, each brother gets 2 shares, and each full-sister gets 1 share.

Allaah knows best.