Inheritance among a Wife, Two Sons and Four Daughters

6-4-2020 | 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 2
(A full brother) Number 4
(A half brother (from his father)) Number 1
-Does the deceased have female relatives who are entitled to inherit :
(A daughter) Number 4
(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,  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 wife gets one-eighth of the estate as her legal share due to the existence of the children of the deceased; 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 rest of the estate should be divided between his two sons and his four daughters by 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; Allah, The Exalted, 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]

All the brothers, whether the full brothers or half-brothers from the father’s side, are not entitled to any part of the inheritance because they are prevented by the existence of a son. Ibn Al-Munthir said in Al-Ijmaa’’: “They (scholars) unanimously agreed that the full-brothers and full-sisters as well as half-brothers and half-sisters from the father’s side do not inherit if the deceased had a son, a grandson, a great-grandson (down to all levels), or in the presence of a father.” [End of quote]

Thus, the estate should be divided into sixty-four shares; the wife gets one-eighth, i.e. eight shares, each son gets fourteen shares, and each daughter gets seven shares.

Allah Knows best.

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