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Inheritance of two daughters, a wife, a brother and a sister

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 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A wife) Number 1 (A full sister) Number 1 - Additional information : From first wife only one daughter, first wife is dead.from second wife one daughter, wife is divorced. Third wife is alive but no child from her,and she was in nikah of the deceased.

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 ( may  Allaah exalt his mention ) is His Slave and Messenger.

First of all, in the additional information box, you mentioned that the deceased has two daughters, one daughter from the first wife and one daughter from the second wife, but in the box for number of daughters, you only mentioned one daughter. This is a contradiction unless you mean that one daughter died before him, in which case, she does not inherit. However, if both daughters were alive at the time of his death, then they both inherit. It is known that the issues of inheritance cannot be divided unless all the heirs are correctly determined, otherwise the answer will be wrong.

We will base our answer on the assumption that the deceased left two daughters and not one daughter.

Therefore, if the deceased left a wife, two daughters, a full-brother, and a full-sister, and he did not leave any other heir – like a father, a mother, a grandfather, or a grandmother – then his inheritance will be divided as follows:

His wife gets one-eighth as her legal share due to the existence of the children of the deceased; Allaah 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 two daughters get two-thirds as their legal share as Allaah says (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.} [Quran 4:11]

It is confirmed that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) gave the two daughters of Sa’d ibn Ar-Rabee’ two-thirds. [Abu Daawood, Ahmad and At-Tirmithi]

The remainder after the share of the wife and the shares of the two daughters goes to the full-brother and the full-sister 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..}[Quran 4:176]

Therefore, the inheritance should be divided into 72 shares, the wife gets one-eighth which is 9 shares, the two daughters get two-thirds which is 48 shares, each of them gets 24 shares. The full-brother gets 10 shares, and the full-sister gets 5 shares.

If there is only one daughter as per the details of the question, then the inheritance should be divided into eight shares. The daughter gets a half which is 4 shares, the wife gets one-eighth which is 1 share, the full-sister gets 1 share, and the full-brother gets 2 shares.

Allaah Knows best.

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