Sat 19 Jm2 1435 - 19 April 2014
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She died and left behind a husband, children, a full brother and a half-sister through her mother

She died and left behind a husband, four sons, five daughters, a full brother and a half-sister through her mother. How should the estate be divided?.

Praise be to Allaah.

If a woman dies and leaves behind a husband, four sons, five daughters, a full brother and a half-sister through her mother, the estate is to be divided as follows: 

The husband gets one-quarter, because there are children. Allah, may He be exalted, says (interpretation of the meaning):

“In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth…”

[al-Nisa’ 4:12]

The rest goes to the children, with each male getting the share of two females, because Allah, may He be exalted, says (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisa’ 4:11]

The full brother and the half-sister through the mother do not get anything. 

So the estate is to be divided among their heirs: the estate should be divided into 52 equal portions, of which the husband gets 13, each son gets 6 and each daughter gets 3. 

And Allah knows best.

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