Inheritance of parents, 2 wives, 3 sons, 8 daughters

4-2-2014 | 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 3 (A father) (A half brother (from his father)) Number 9 (A nephew from a half brother (from his father)) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 8 (A wife) Number 2 (A full sister) Number 2 (A half sister (from the father)) 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 mother gets one-sixth of the inheritance as her legal share and his father also gets one-sixth as his legal share due to the existence of 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]

His two wives get one-eighth altogether to be divided equally among them as their legal share due to the existence of the 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]

The remainder is to be divided amongst the sons and the 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 remaining heirs which are mentioned in the question do not get anything from the inheritance because they are excluded due to the existence of the son, and also by the existence of the father.

Therefore, the inheritance should be divided into 336 shares, the mother gets one-sixth, which is 56 shares; the father also gets one-sixth, which is 56 shares; the two wives get one-eighth, which is 42 shares (so each of them gets 21 shares); each son gets 26 shares and each daughter gets 13 shares.

Allaah Knows best.

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