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Division of inheritance among 4 wives, 10 sons and 17 daughters

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 10 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 17 (A wife) Number 4

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 heirs are only those mentioned in the question, then the four wives of the deceased get one-eighth to be divided equally among them, as 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 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 are distributed); the male twice the share of the female.

Therefore, the inheritance should be divided into 1184 shares: the wives get one-eighth, which means that each wife gets 37 shares, and each son gets 56 shares, and each daughter gets 28 shares.

We would like to point out that inheritance is a very serious and complex matter, so a mere Fatwa which is an answer issued according to the question does not suffice. Rather, the matter should be taken to an Islamic court to look into and investigate the case, as it might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights take precedence over the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and the living.

Allaah Knows best.

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