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Fatwa CenterDeceased Left Behind a Wife, 4 Kids, a Mother, 4 Brothers, and 2 Sisters
Question
I have a brother (my own brother) who passed away last year . He has a wife, 4 kids, a mother, 4 brothers, and 2 sisters. Who should inherit him and who should not? What are the Islamic ruling on who is qualified to inherit him and who is not, and how this inheritance process should be applied?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
The inheritance of a person who died leaving a wife, four children, a mother, 4 brothers and 2 sisters, is divided into twenty-four shares. The mother takes a sixth of the whole inheritance; i.e., (four shares), and the wife takes an eighth of the whole inheritance; i.e., three shares. The remaining inheritance, which is seventeen shares, is for the children.
If the children are only males, then their shares are divided equally among them. If they are mixed of male and females, then the male takes a share that is double of that of a female. Allah Says (what means): {Allah instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11]
The brothers and sisters do not inherit because the Prophet said: “Give the prescribed share of inheritance to those who are eligible for it and the remainder [of it] is for the nearest male blood relative.” [Al-Bukhaari and Muslim]
No doubt that in the given case the male children are nearest male relatives.
If the children are only females, then they take two-thirds of the inheritance; i.e., sixteen shares. And the remaining (after giving the shares of sisters, the mother and the wife) that is only one share would be divided between brothers and sisters. A brother should take double the sister's share.
Allah knows best.
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