Inheritance of mother, husband, one son and two daughters

13-12-2013 | 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 1 (A full brother) Number 1 (A Husband) -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 2 (A full sister) 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 her mother gets one-sixth as her legal share due to the existence of the children of the deceased as Allaah 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]

Her husband gets one-fourth as his legal share due to the existence of the children; Allaah says (what means): {...but if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt...}[Quran 4:12]

The remainder should be divided amongst her son and her 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 says (what means): {Allaah 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]

The full-brother and the full-sister do not get anything from the inheritance because they are prevented by the existence of the son. Ibn Al-Munthir  may  Allaah  have  mercy  upon  him said: “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 48 shares; the mother gets one-sixth which is 8 shares; the husband gets one-fourth which is 12 shares, the son gets 14 shares and each daughter gets 7 shares.

Allaah Knows best.

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