Dividing inheritance among wife, 3 daughters and 9 siblings

6-4-2016 | 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 7 (A nephew from a full brother) Number 5 - Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 3 (A wife) Number 1 (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 behind any heirs other than those mentioned in the question, then the wife gets one-eighth of the estate as her legal share due to the existence of children; Allaah, The Exalted, 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 deceased's three daughters get two-thirds of the estate as a fixed share; Allaah, The Exalted, says (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 of the estate is given to the two full sisters and seven full brothers by virtue of taʻseeb (having a paternal relation with the deceased and not having an allotted share in the estate); the male gets double the share of the female. Allaah, The Exalted, says (what means): {If there are both brothers and sisters, the male will have the share of two females...} [Quran 4:176]

The nephews of the deceased have no share in the inheritance because they are excluded by the existence of the full brother(s).

Hence, the estate should be divided into one 1152 shares; the deceased's wife gets one-eighth (144 shares), the three daughters get two-thirds (768 shares); each gets 256 shares, each full brother gets 30 shares, and each full sister gets 15 shares.

Allaah knows best.