Division of inheritance among 2 wives, 3 daughters, mother and 8 siblings
16-5-2016 | 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 3 (A nephew from a full brother) Number 8 - Does the deceased have female relatives who are entitled to inherit : (A mother (of the deceased)) (A daughter) Number 3 (A wife) Number 2 (A full sister) Number 5 - Additional information: I want to know how the inheritance will be divided step by step. Is the inheritance divided into parts and divided among the heirs, or is there an order that has to be followed on who gets their share first and then the next person gets theirs out of the remaining inheritance left and so on?
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 heirs are only those mentioned in the question and the deceased did not leave any other heir, then his mother gets one-sixth as her legal share due to the existence of direct heirs (children); Allaah says (what means): {And for one’s parents, to each one of them is a sixth of his estate if he left children.} [Quran 4:11] There are also a number of siblings; Allaah says (what means): {And if he had brothers [and/or sisters], for his mother is a sixth.} [Quran 4:11]
His two wives get one-eighth – which they should divide equally between them – as their legal share due to the existence of the children (direct heirs); 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]
His three daughters get two-thirds – which they should divide equally between them – as their legal share as Allaah says about the existence of a number of daughters (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.} [Quran 4:11]
The remainder will be divided among the five full-sisters and the three 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); the male twice the share of the female as Allaah says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]
The children of the full-brother do not get anything from the inheritance because they are prevented by the existence of the full-brother.
Therefore, the inheritance should be divided into 1584 shares; the mother gets one-sixth, which is 264 shares; the two wives get one-eighth, which is 198 shares, each one of them gets 99 shares; the daughters get two-thirds, which is 1056 shares, each one of them gets 352 shares; each full-brother gets 12 shares; and each full-sister gets 6 shares.
The inheritance should be divided into these shares regardless of whether it consists of money, an estate, or anything else.
In dividing the inheritance, the heirs who are entitled to legitimate shares of inheritance will be given their shares, and whatever remains of it will be taken by the 'asabah (the nearest paternal relatives), as the Prophet, sallallaahu ‘alayhi wa sallam, 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]
This is what we have done in your case: we have given the mother, the two wives and the three daughters their prescribed share of inheritance, and we have divided the remainder between the full-brothers and the full-sisters.
Allaah knows best.