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He died and left behind a mother, full siblings and half-brothers through his father

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Publication : 15-08-2004

Views : 6636

Question

A man died, leaving behind a mother, five full brothers, two full sisters, and two half-brothers through his father. How should the estate be divided?.

Answer

Praise be to Allah.

In the answer to the question ( 21925 ), we stated that if there is a male among the full siblings, the half-brothers through the father do not inherit, according to scholarly consensus. 

Based on this, the estate in this case should be divided as follows: 

The mother gets one-sixth, because of the verse in which Allaah says (interpretation of the meaning): 

“if the deceased left brothers or (sisters), the mother has a sixth”

[al-Nisa’ 4:11]

The remainder of the estate is shared among the full siblings, both male and female, with each male getting twice the share of each female, because Allaah says (interpretation of the meaning): 

“if there are brothers and sisters, the male will have twice the share of the female”

[al-Nisa’ 4:176]

And Allaah knows best.

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Source: Islam Q&A