What is the share of each heir from among the aforementioned heirs of the deceased, if the male heirs are: (paternal great-grandfather, 4 full brothers), and the female heirs are: (mother, 4 daughters, paternal grandmother, 4 full sisters)?
If the deceased left behind only a mother, four daughters, a paternal grandfather, a paternal grandmother, and brothers and sisters, then the mother receives one-sixth due to the presence of a lineal descendant (heir), as Allah Almighty says: {And for his parents, each of them is to have a sixth of what he left if he had a child}. The daughters receive two-thirds, as Allah Almighty says: {But if there are [only] daughters, two or more, for them is two-thirds of what he left}.
The remainder, which is one-sixth, is taken by the paternal grandfather. The brothers and sisters and the paternal grandmother are excluded. The paternal grandmother is excluded by the mother, a complete exclusion. The brothers and sisters are excluded because what remains after the shares of the mother and daughters is one-sixth, which the paternal grandfather takes, leaving nothing for them, as the paternal grandfather's share is not less than one-sixth of the estate. Thus, the calculation of the estate is valid from six parts: the mother receives one part, the four daughters receive four parts, and one part remains for the paternal grandfather.
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- Original fatwa ID
- 140465
- Imported
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- Source text, unreviewed
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