13965: He died and left behind a wife, mother, two sons and brothers and sisters


My Sister's husband died recently and has left behind some property. He has left following family behind him:
-Wife
-two sons (both minor age)
-Mother  (father has died many years before)
-3 brothers (one married, two bachelors)
-3 sisters (two married, one divorced)
How would his estate be divided among these people according to Shariah?  Pl. advice.?

Praise be to Allaah.  

Firstly, those who are entitled to inherit should be given their shares. They are:   The wife, who receives one-eighth, because the deceased has children. Allaah says (interpretation of the meaning):   “…their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave…” [al-Nisaa’ 4:12]   The mother, who receives one-sixth. Allaah says (interpretation of the meaning):   “…For parents, a sixth share of inheritance to each if the deceased left children…”[al-Nisaa’ 4:11]  The sons receive the rest of the money, because the Prophet (peace and blessings of Allaah be upon him) said, according to a report narrated from Ibn ‘Abbaas: “Give the faraa’id (shares of inheritance that are prescribed in the Qur’aan) to those who are entitled to receive them. Then whatever remains should be given to the closest male relative of the deceased.” (Narrated by al-Bukhaari, al-Faraa’id, 6249; Muslim, 3028).   The brothers and sisters do not have a share in the inheritance because they are deprived thereof by the presence of male children of the deceased.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
Create Comments