If a person dies survived by a mother, a father, and four full brothers, how is the inheritance distributed?
Scholars differ on the share of the mother when both parents and a group of siblings are present, with two main opinions:
First Opinion: This is the view of the majority, and the of the Hanbalis and Malikis: The mother receives one-sixth, and the remainder goes to the father. They cite the verse: "If he has siblings, then his mother gets one-sixth," and argue that siblings reduce the mother’s share from one-third to one-sixth, whether they are heirs or excluded.
Second Opinion: This is the choice of Shaykh al-Islam Ibn Taymiyyah and some later scholars: The mother receives one-third even with siblings who are excluded by the father, arguing that siblings do not reduce the mother's share unless they are heirs.
Since there is a disagreement on this issue, it is necessary to refer to the judge of the land.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/22811
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 22811
- 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