What is the share of each heir from the deceased's estate, given that the heirs are: a father, a mother, and a wife?
If the deceased leaves behind only a wife and parents, the wife receives one-fourth as her prescribed share due to the absence of a lineal descendant, as Allah Almighty says: "And for them [wives] is one fourth of what you leave if you have no child." (An-Nisa: 12).
After the wife's share is given, scholars differ on the division of the remainder between the mother and the father, with two opinions:
1. The first opinion (the majority of scholars): The mother receives one-third of the remainder after the wife's share, and the rest goes to the father. This is known as one of the 'Umariyyatain cases, and it is the that is acted upon. Thus, the inheritance is divided into four shares: one share for the wife, one share for the mother (one-third of the remainder), and two shares for the father.
2. The second opinion (Ibn Abbas, Shuraih, and the Dhahiris): The mother receives one-third of the entire inheritance, not one-third of the remainder. According to this, the inheritance is divided into twelve shares: three shares for the wife, four shares for the mother, and five shares for the father.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/142644
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 142644
- Added here
- . 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