Inheritance of a Wife, Three Sons and One Daughter

10-6-2018 | 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 son) Number 3 (A grandson (from the son)) Number 4 (A full brother) Number 1 (A nephew from a full brother) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A granddaughter (from the son)) Number 3 (A wife) Number 1

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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 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 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]

The remainder will be divided amongst his three sons and his daughter 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): {Allah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.} [Quran 4:11]

However, the remaining heirs do not get anything from the inheritance because they are prevented by the existence of the son.

Therefore, the inheritance should be divided into 8 shares; his wife gets one-eight, which is 1 share; each son gets 2 shares, and the daughter gets 1 share.

Allah knows best.