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Fatwa CenterDied leaving a wife, 1 daughter, 1 full sister and 1 half sister
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A wife) Number 1 (A full sister) Number 1 (A half sister (from the father)) Number 1
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 heirs are only those mentioned in the question, and the deceased did not leave any other heir, then his inheritance should be divided as follows:
His daughter gets half of the estate as she is the only direct heir, as Allaah says about the existence of only one daughter (what means): {And if there is only one [daughter], for her is half.} [Quran 4:11]
His wife gets one-eighth as her legal share due to the existence of the daughter (direct heir); Allaah says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave} [Quran 4:12]
The rest of the inheritance after the share of the daughter and the wife should be given to the full sister by Ta‘seeb (by virtue of having a paternal relation with the deceased and not having a prescribed share) because the sisters along with the daughters are like inheritors by Ta‘seeb. Ibn ‘Aasim said in Tuhfat Al-Hukkaam: “The sisters inherit by Ta‘seeb if the deceased has one daughter or many daughters.”
The full-sister is the closest heir by Ta‘seeb here. Therefore, the half-sister from the father's side does not receive any part of the inheritance as she is excluded because of the existence of the full-sister.
Based on that, the common denominator of prescribed shares here is 8; therefore inheritance should be divided into 8 shares. The daughter gets half, which is 4 shares; the mother gets one-eighth, which is 1 share; and the sister gets what remains from the inheritance, which is 3 shares.
Allaah Knows best.
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