Inheritance of two wives, four sons and six daughters

16-12-2010 | IslamWeb

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 4 (grandson (from the son)) Number 5 (A full brother) Number 2 ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 6 (A granddaughter (from the son)) Number 8 (A wife) Number 2 (A full sister) Number 1

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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 is His slave and Messenger.

If the deceased did not leave any other heirs except those mentioned in the question, then his two wives get one-eighth of the inheritance as their legal share – that should be divided between them equally – due to the existence of the children of the deceased 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 should be divided amongst the four sons and the six 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 have been distributed); the male twice the share of the female as Allaah Says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]

However, the other heirs do not get anything from the inheritance because they are prevented by the existence of the sons of the deceased.

Therefore, the inheritance should be divided into 16 shares, the two wives get one-eighth, which is 2 shares, so each one gets 1 share, and each son gets 2 shares and each daughter gets 1 share.

Allaah Knows best.