How is the inheritance divided in the case of a man dying and leaving a wife and a daughter, then the daughter dying leaving her heirs, then the wife dying after marrying the first deceased's paternal uncle and having children with him, then the paternal uncle dying leaving his wife and a son from a previous marriage?
To solve inheritance issues, each case is solved individually. If a man dies and leaves only a wife and a daughter, the wife gets one-eighth, the daughter gets one-half, and the remainder is returned to her.
If an uncle (the deceased's brother or paternal uncle) exists, he inherits the remainder after the wife's and daughter's shares.
If the daughter dies and leaves only her mother, the mother gets the entire inheritance (one-third as a prescribed share and the remainder returned to her).
If an uncle (of the daughter or her father) exists, the mother gets one-third and the remainder goes to the uncle.
If the wife dies and leaves a husband and a son, the husband gets one-fourth and the remainder goes to the son.
If the husband dies and leaves a wife and a son from his first wife, the wife gets one-eighth and the remainder goes to the son.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 20870
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy