Inheritance of a Mother, Wife, Son and Daughter
Fatwa No: 420517

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 nephew from a full brother) Number 1
(A cousin from a full paternal uncle) Number 1
-Does the deceased have female relatives who are entitled to inherit :
(A mother (of the deceased))
(A daughter) Number 1
(A wife) Number 1

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 deceased did not leave any other heirs except those mentioned in the question, then his mother gets one-sixth as her (allotted) legal share due to the existence of the children of the deceased, as Allah, The Exalted, 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] The wife gets one-eighth as her (allotted) legal share due to the presence of the children; Allah, The Exalted, 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 shall be divided between his son and daughter by virtue of Ta‘seeb (i.e. to inherit a non-fixed portion of the estate, like a forth or a half, after the allotted shares have been distributed); the male gets twice the share of the female, as Allah Says (what means): {Allah 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 brother of the deceased, his nephew, and his cousin do not get anything from the inheritance because they do not inherit due to the presence of the son of the deceased. Therefore, the inheritance should be divided into seventy-two shares; the mother gets one-sixth, which constitutes twelve shares; his wife gets one-eighth, which amounts to nine shares; the son gets thirty-four shares; and the daughter gets seventeen shares.

Allah Knows best.

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