Inheritance of a Mother, Wife, Daughters, Brothers and Sisters
Fatwa No: 375562

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 7 (A nephew from a full brother) Number 11 -Does the deceased have female relatives who are entitled to inherit : (A mother (of the deceased)) (A daughter) Number 3 (A wife) Number 1 (A full sister) Number 2

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the mother gets one-sixth as her legal share due to the existence of direct heirs (children) as Allah 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] Also, this is because the deceased has a number of brothers; Allah Says (what means): {And if he had brothers [and/or sisters], for his mother is a sixth.} [Quran 4:11]

His wife gets one-eighth as her legal share due to the existence of the children (direct heirs); Allah 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 Allah Says about the existence of a number 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 will be divided amongst the full-brothers and the full-sisters 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 Allah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]

However, the sons of the full-brother do not get anything from the inheritance because they are prevented by the existence of the full-brother.

Therefore, the inheritance should be divided into 1152 shares; his mother gets one-sixth, which is 192 shares; his wife gets one-eight, which is 144 shares; his three daughters get two-thirds, which is 768 shares, each gets 256; and each full-brother gets 6 shares, and each full-sister gets 3 shares.

Allah knows best.

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