Monday, June 10, 2013

Fathwa, - Inheritance of father andtwo wives

Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: (A father) -Does the deceased have female
relatives who are entitled to inherit : (A wife) Number 2
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 have any heirs except those mentioned, then
his two wives will get one-fourth of inheritance, to be divided
equally between them, because the deceased has no children. Allaah The
Exalted says (what means): { And for the wives is one fourth if
youleave no child } [Quran 4:12].
The remainder of the inheritance will be given to his father by
Ta'seeb (by virtue of having a parental relation with the deceased and
not having an allotted share, so he gets what is left after the
allotted shares have been distributed) asthe Prophet , said: " Give
the prescribed shares to their due recipients and what remains would
be for thenearest male relative. " [Al-Bukhaari and Muslim]
Based on that, the estate should be divided into 8 shares, one-fourth
(2 shares) of which should be given to the two wives; one each, and
the rest (6 shares) will be given to the father.
Allaah Knows best.

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