How is the estate of a man who died leaving a wife, a mother, and seven children (five sons and two daughters) divided?
If the deceased left no heirs other than his wife, his mother, five sons, and two daughters, the inheritance is divided as follows:
For the mother: One-sixth (due to the presence of a lineal descendant), based on the Almighty's saying: "And for his parents, each of them the sixth of what he left if he had a child." For the wife: One-eighth (due to the presence of a lineal descendant), based on the Almighty's saying: "But if you have a child, then for them is the eighth of what you leave, after any bequest you [may have] made or debt." The remainder is for the sons and daughters by way of ta'sib (residuary heirship), with the male receiving the share of two females, based on the Almighty's saying: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The inheritance is divided into 288 shares: 48 shares for the mother, 36 shares for the wife, 34 shares for each son, and 17 shares for each daughter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 139005
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- . 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