The Division of the Estate of a Wife, Three Daughters, and Brothers, and What the Husband Wrote for His Wife
Machine translationRead the Arabic original
Question:
The questioner says: Honorable Shaykh, may Allah grant you success. A man died, leaving behind a wife, three daughters, and three brothers. What is the share of each of them? And what the husband wrote for his wife before his death, does it enter into the inheritance, or is it her right alone?
Answer:
What he wrote for her, if it was a bequest, the bequest is invalid; there is no bequest for an heir. As for the inheritance, with a wife, three daughters, and three brothers, yes, the case is calculated from twenty-four. The wife gets one-eighth, which is three. The two daughters get two-thirds, or the three daughters get two-thirds, which is sixteen. The remainder goes to the brothers. The father and mother, if present, take by 'asabah (residuary inheritance). Yes.
The questioner says: Honorable Shaykh, may Allah grant you success. A man died, leaving behind a wife, three daughters, and three brothers. What is the share of each of them? And what the husband wrote for his wife before his death, does it enter into the inheritance, or is it her right alone?
Answer:
What he wrote for her, if it was a bequest, the bequest is invalid; there is no bequest for an heir. As for the inheritance, with a wife, three daughters, and three brothers, yes, the case is calculated from twenty-four. The wife gets one-eighth, which is three. The two daughters get two-thirds, or the three daughters get two-thirds, which is sixteen. The remainder goes to the brothers. The father and mother, if present, take by 'asabah (residuary inheritance). Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/111 شرح زاد المستقنع/ صالح الفوزان — youtube.com (30:24)
The Arabic text is a machine transcription of the audio recording.