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Fatwa CenterDivision of inheritance among a husband, a mother and one full-brother
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 1 (A husband) -Does the deceased have female relatives who are entitled to inherit : (A mother (of the deceased))
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 ʻalayhi wa sallam, is His slave and Messenger.
If there are no other heirs than those mentioned in the question, then the deceased's husband has a right to one half of the estate as a fixed share because the deceased has no descendants. Allaah The Exalted says (what means): {And for you is half of what your wives leave if they have no child.} [Quran 4:12]
The deceased's mother gets one-third of the estate as a fixed share because the deceased has no descendants or plurality of siblings. Allaah The Exalted says (what means): {But if he had no children and the parents (alone) inherit from him, then for his mother is one third.} [Quran 4:11]
The deceased's full-brother gets the residue of the estate by virtue of Taʻseeb (by virtue of having a paternal relation with the deceased and not having a prescribed share, so he gets what is left after the prescribed shares have been distributed); the Prophet, sallallaahu ʻalayhi wa sallam, said: “Give the Faraaidh (i.e. prescribed shares) to those who have a right to them and the remainder (of the estate) belongs to the closest male relative.” [Al-Bukhari and Muslim]
Hence, the estate should be divided into six shares. The husband gets one half (three shares), the mother gets one-third (two shares) and the full-brother gets the remaining share.
Allaah Knows best.
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