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Thursday, June 13, 2013

Fathwa - Division of inheritance among a wife, mother, 2 daughters and 10 siblings

Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: (A full brother)Number 4 -Does the deceased have
female relatives who are entitledto inherit : (A mother) (A daughter)
Number 2 (A wife) Number 1 (A full sister) Number 6
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
, is His Slave and Messenger.
If the deceased did not leave any heir except those mentioned, then
the two daughters will get two-thirds of the estate as the Prophet ,
gave two thirds to the two daughters of Sa'd ibn Ar-Rabee' . [Ahmad,
Abu Daawood and At-Tirmithi]
The wife gets one-eighth due to the existence of the children of the
deceased for Allaah The Exalted says (what means): { But if you leave
a child, then for them [i.e., wives] is an eighth of what you leave,
after any bequest you [may have] made or debt. }[Quran 4:12]
The mother gets one-sixth due to the existence of the children (of the
deceased); Allaah 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 remainder will be divided among the brothers and 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 beendistributed); the male twice the share of the
female. The estate will bedivided into 336 shares: The two daughters
will get two-thirds, i.e. 224 shares; each of them will get 112
shares, one-sixth (56 shares) for the mother, one-eighth (42 shares)
for the wife, and 2 shares for each brother and one share for each
sister.
Here, we must inform the questioner that the matter of estates is a
veryserious and complex matter. It is not possible to be sufficed by
or to rely upon a mere Fatwa, prepared by one who simply received the
question. Rather, this matter must be raised to the legitimate courts
in order to be examined and resolved. There may be an heir that will
remain unknown until after an investigation. There may also be a will,
debts, or other rights about which the heirs do not know; and such
things take precedence over the right of the heirs regarding wealth.
Itis thus not correct to divide the estate withoutreferring to the
legitimate courts, if such courts exist, for the benefit of both the
living and the dead.
Allaah Knows best.

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