Inheritance of a Mother, Wife, Daughters, Brothers and Sisters

26-4-2018 | 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 11 -Does the deceased have female relatives who are entitled to inherit : (A mother (of the deceased)) (A daughter) Number 3 (A wife) Number 1 (A full sister) Number 2

Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the mother gets one-sixth as her legal share due to the existence of direct heirs (children) as Allah 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] Also, this is because the deceased has a number of brothers; Allah Says (what means): {And if he had brothers [and/or sisters], for his mother is a sixth.} [Quran 4:11]

His wife gets one-eighth as her legal share due to the existence of the children (direct heirs); Allah 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 Allah Says about the existence of a number 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 will be divided amongst the full-brothers and the 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 Allah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]

However, the sons of the full-brother do not get anything from the inheritance because they are prevented by the existence of the full-brother.

Therefore, the inheritance should be divided into 1152 shares; his mother gets one-sixth, which is 192 shares; his wife gets one-eight, which is 144 shares; his three daughters get two-thirds, which is 768 shares, each gets 256; and each full-brother gets 6 shares, and each full-sister gets 3 shares.

Allah knows best.

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