Inheritance of a Wife, Three Sons and One Daughter

10-6-2018 | 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 grandson (from the son)) Number 4 (A full brother) Number 1 (A nephew from a full brother) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A granddaughter (from the son)) Number 3 (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 heirs are only those mentioned in the question, and the deceased did not leave any other heir, then 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]

The remainder will be divided amongst his three sons and his daughter 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): {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]

However, the remaining heirs do not get anything from the inheritance because they are prevented by the existence of the son.

Therefore, the inheritance should be divided into 8 shares; his wife gets one-eight, which is 1 share; each son gets 2 shares, and the daughter gets 1 share.

Allah knows best.

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