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Fatwa CenterDividing inheritance among a father, a wife and 3 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 father) (A full brother) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3 (A wife) Number 1 (A full sister) 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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the deceased did not leave heirs other than those mentioned in the question, then the eligible heirs entitled to inherit are the deceased's father, wife and daughters only. The deceased's brothers and sisters have no share in the estate because they are entirely excluded by the existence of the father.
Hence, the deceased's wife gets one eighth as a fixed share because the deceased has children. Allaah The Exalted says (what means): {But if you leave a child, then for them is an eighth of what you leave.} [Quran 4:12]
The deceased's daughters get two thirds of the estate as a fixed share because there is no son to share the inheritance with him as 'Asabah (i.e. the closest paternal relatives who are entitled to inherit the residue after those who have fixed share in the inheritance). Allaah The Exalted says about the inheritance of the daughters (what means): {…and if there are daughters – two or more – then for them is two thirds of what he left.}[Quran 4:11]
The deceased's father gets one sixth of the estate as a fixed share and gets the remainder of the estate by virtue of Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed). .
Hence, the estate should be divided into 72 shares. the wife gets one-eighth (nine shares), the daughters get two-thirds (forty eight shares – sixteen shares for each), and the father gets the remainder (fifteen shares).
Allaah Knows best.
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