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Fatwa CenterInheritance of a wife, mother, one son and two daughters
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 1 (grandson (from the son)) Number 1 (A full brother) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 2 (A granddaughter (from the son)) Number 1 (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, is His slave and Messenger.
If the deceased did not leave any other heirs except those mentioned in the question, then the mother inherits one-sixth of the inheritance as her legal share due to the existence of the children (of the deceased); Allaah The Exalted Said (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]
Then, his wife inherits one-eighth, due to the existence of the children; Allaah The Exalted Said (what means): {But if you leave a child, then for them [i.e., wives] is an eighth of what you leave, after any bequest you [may have] made or debt}[Quran 4:12]
The remaining balance goes to the son and the two daughters 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 The Exalted Said (what means): {Allaah instructs you concerning your children: for the male, what is equal to the share of two females}[Quran 4:11]
Nothing goes to the son’s son, the son’s daughter, and the full brother. They are not entitled to a share because of the presence of a son.
The inheritance is thus divided into 96 shares. The mother receives her one-sixth, 16 shares. The wife receives her one-eighth, 12 shares. The son receives 34 shares and each daughter receives 17.
Allaah Knows best.
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