Is the inheritance calculated in the presence of: a husband, a son, 2 full brothers, and 2 sons of a full brother?
If the deceased leaves behind only a husband and a son, the husband receives one-fourth due to the presence of a direct heir, based on the Almighty's saying: ﴿But if they have a child, then for you is a fourth of what they leave after any bequest they [may have] made or debt.﴾ The remainder goes to her son by way of 'asabah (residuary heir), based on the Prophet's (peace be upon him) saying: «Give the prescribed shares to those who are entitled to them, and whatever remains is for the closest male heir.» Her full brothers and the sons of her full brother receive nothing, as they do not inherit in the presence of a son. Thus, the inheritance is divided into four shares: one share for the husband and three shares for the son.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 179659
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy