Division of estate among a wife, mother, 4 daughters and 4 brothers
Fatwa No: 246451

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 4 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 4 (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 is His slave and Messenger.

If the deceased did not leave any other heirs except those mentioned in the question, then his mother gets one-sixth of the estate as her legal share due to the existence of children 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] His wife gets one-eighth as her legal share due to the existence of children; 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 daughters get two-thirds as their legal share as Allaah says about a group of daughters (what means):{...But if there are [only] daughters, two or more, for them is two thirds of one’s estate...}[Quran 4:11]

The remainder is to be divided among the full-brothers 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 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]

Therefore, the inheritance should be divided into 96 shares: the mother gets one-sixth which is 16 shares; the wife gets one-eighth, which is 12 shares; the daughters get two-thirds, which is 64 shares altogether; so each one of them gets 16 shares, and each full-brother gets 1 share.

Allaah Knows best.

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