Died leaving only her husband and her two full-brothers

31-1-2011 | 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 full brother) Number 2 (A Husband)

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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 wife gets half of the inheritance as her legal share because there are no children; Allaah Says (what means): {And for you is half of what your wives leave if they have no child.}[Quran 4:12]

The remainder should be divided equally amongst this deceased woman’s two full-brothers 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); as 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-Bukhari and Muslim]

Therefore, the inheritance should be divided into 4 shares, the husband gets half of it, which is 2 shares, and each full-brother gets one share.

Allaah Knows best.