How is the estate of a deceased father to be divided, leaving behind a wife and three daughters, with five brothers, two of whom are alive and three deceased but having children? And do the paternal uncles and their children have a share in this estate?
If a father passes away, leaving behind a wife, three daughters, and brothers, and no other heirs, then the wife receives one-eighth (1/8), and the three daughters receive two-thirds (2/3). The remaining portion goes to the brothers by ta'sib (residuary heirship), if they are full brothers or paternal half-brothers. Any brother who died before the father does not inherit. If there are both full brothers and paternal half-brothers, the remainder goes to the full brothers, and the paternal half-brothers receive nothing. Maternal half-brothers and nephews do not inherit due to the presence of the daughters and brothers. It is necessary to consult a Sharia court or a scholar knowledgeable in these matters before distributing the inheritance, as there might be unmentioned factors, such as the existence of another heir, debts, or bequests.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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