How is an inheritance distributed among a son, four daughters, and a wife, knowing that the wife is a divorced mother?
If the aforementioned wife was irrevocably divorced ( bain) before the husband's death, she does not inherit, unless the husband divorced her during his death illness with the intention of depriving her of the inheritance; in that case, she inherits.
If the wife does not inherit and the heirs are limited to one son and four daughters, then the inheritance is divided among them by 'asabah (residuary heirship), with the male receiving the share of two females. Thus, it is divided into six shares: two shares for the son and one share for each daughter.
However, if the wife was revocably divorced (talaq raj'i), or the husband divorced her during his death illness, she inherits one-fourth (if there is no direct descendant of the husband). In this case, her share would be one-eighth. The estate would then be divided into forty-eight shares: the wife receives one-eighth (six shares), the son receives fourteen shares, and each daughter receives seven shares.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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