Died leaving a wife, 2 sons, 2 full brothers and 2 nephews

10-12-2013 | 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 2 (A full brother) Number 2 (A nephew from a full brother) Number 2 -Does the deceased have female relatives who are entitled to inherit : (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 ( may  Allaah exalt his mention ) is His slave and Messenger.

If the deceased did not leave any other heirs except those mentioned in the question, then 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]

The remainder is to be divided amongst his two sons equally 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); as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Give the prescribed share of inheritance to those who are eligible for it and the remainder [of it] is for the nearest male blood relative.” [Al-Bukhari and Muslim]

The full brothers and their children do not get anything from the inheritance because they are excluded due to the existence of the sons.

Ibn Al-Munthir  may  Allaah  have  mercy  upon  him said in Al-Ijmaa’: “The scholars agreed in a consensus that full-brothers and full-sisters and the half-brothers and half-sisters from the father’s side do not inherit if there is a son or a grandson or even a great grandson. They also do not inherit if the father is alive.

Therefore, the inheritance should be divided into 16 shares; the wife gets one-eighth which is 2 shares, and each son gets 7 shares.

Allaah Knows best.

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