Division of estate among two daughters and three full sisters

12-5-2016 | IslamWeb

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 2 (A full sister) Number 3

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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, sallallaahu ʻalayhi wa sallam, is His slave and Messenger. 

If the deceased did not leave behind any heirs other than the two daughters and three full sisters - no spouse nor parents - then the estate should be divided as follows:

The deceased's two daughters get two-thirds as a fixed share given the absence of a residuary heir who would cause them to inherit with him as ʻasabah (agnate). Allaah, The Exalted, says (what means): {...But if there are (only) daughters, two or more, for them is two thirds of one's estate...} [Quran 4:11] Moreover, the Prophet, sallallaahu ʻalayhi wa sallam, gave the two daughters of Saʻd ibn Ar-Rabee' two-thirds of his estate. [Ahmad, At-Tirmithi, and others]

The remainder of the estate is given to the deceased's full sisters by virtue of taʻseeb (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) because the full sisters inherit by taʻseeb (along with the daughters) when the deceased has daughters only (and no sons).

Hence, the estate should be divided into nine shares. The two daughters get the two-thirds (six shares), each gets three shares, and each full sister gets one share.

Allaah knows best.