about a woman who says her husband passed away, leaving behind two wives and five daughters, one of whom also passed away, and he left behind land, and he has a full brother from both his mother and father
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The questioner : There is a woman who says her husband passed away, leaving behind two wives and five daughters, one of whom also passed away, and he left behind land, and he has a full brother from both his mother and father. Please inform us of the amount the wives receive, the amount the brother receives, and the amount the daughters receive. May Allah guide you to what is good and right, and thank you to Allah, and then to you for your attention?
The Shaykh : This inheritance case actually contains two issues because it involves a succession of inheritance.
The questioner : Yes.
The Shaykh : We have previously said from this pulpit that inheritance cases should not be presented on this program because they sometimes require detailed explanation.
The questioner : Yes.
The Shaykh : This detailed explanation might be lost on the listener due to its length, and this is why I hold the stronger position that inheritance cases should be presented to students of knowledge in their countries, or a specific book should be written to one of the scholars who will answer it, because the program actually requires that if the inheritance case needs detailed explanation, it will be lost on the listeners.
The questioner : Yes.
The Shaykh : And they did not benefit from anything. So this case, the first issue is the death of the first person leaving behind two wives, five daughters, and a full brother. His case is calculated from twenty-four shares. For the two wives is one-eighth, which is three out of twenty-four.
The questioner : Yes.
The Shaykh : For the daughters is two-thirds, which is sixteen out of twenty-four. And for the full brother is the remainder, which is five out of twenty-four.
The questioner : Yes.
The Shaykh : The share of the second deceased daughter, we do not know if one of the wives is her mother or not. This is one point.
The questioner : Yes.
The Shaykh : Because the question does not clarify that. Second, we do not know if this daughter is a sister to the remaining four daughters from the father, I mean, or a full sister. But in any case, whether she is a full sister or a sister from the father, the fixed share is the same.
The questioner : Yes.
The Shaykh : So we say if one of the wives is the mother of this daughter, then she has one-sixth as a fixed share.
The questioner : Yes.
The Shaykh : And as for her sisters, whether they are sisters from the father or full sisters, they have two-thirds, meaning two-thirds of the daughter's share.
The questioner : Yes.
The Shaykh : The remainder will be for her full paternal uncle. So the problem now lies in the one-sixth. If one of the wives is her mother, then it will be for this mother. And if she is not her mother, then it returns to the uncle.
The questioner : Yes.
The Shaykh : It will be for her four sisters, two-thirds, and for the uncle, the remaining one-third.
The questioner : Yes.
The Shaykh : So the division of the daughter's estate, the estate of the last deceased daughter, is as follows: it is divided from six shares. For her four sisters is two-thirds, which is four shares.
The questioner : Yes.
The Shaykh : And two shares remain. If one of the wives is her mother, she took them, she took one share from these two shares.
The questioner : Yes.
The Shaykh : And the sixth share is for the uncle. And if she is not her mother and she has no mother, then both shares belong entirely to the uncle.
The questioner : Yes.
The Shaykh : And Allah is the One who grants success.
The questioner : May Allah reward you.
The Shaykh : This inheritance case actually contains two issues because it involves a succession of inheritance.
The questioner : Yes.
The Shaykh : We have previously said from this pulpit that inheritance cases should not be presented on this program because they sometimes require detailed explanation.
The questioner : Yes.
The Shaykh : This detailed explanation might be lost on the listener due to its length, and this is why I hold the stronger position that inheritance cases should be presented to students of knowledge in their countries, or a specific book should be written to one of the scholars who will answer it, because the program actually requires that if the inheritance case needs detailed explanation, it will be lost on the listeners.
The questioner : Yes.
The Shaykh : And they did not benefit from anything. So this case, the first issue is the death of the first person leaving behind two wives, five daughters, and a full brother. His case is calculated from twenty-four shares. For the two wives is one-eighth, which is three out of twenty-four.
The questioner : Yes.
The Shaykh : For the daughters is two-thirds, which is sixteen out of twenty-four. And for the full brother is the remainder, which is five out of twenty-four.
The questioner : Yes.
The Shaykh : The share of the second deceased daughter, we do not know if one of the wives is her mother or not. This is one point.
The questioner : Yes.
The Shaykh : Because the question does not clarify that. Second, we do not know if this daughter is a sister to the remaining four daughters from the father, I mean, or a full sister. But in any case, whether she is a full sister or a sister from the father, the fixed share is the same.
The questioner : Yes.
The Shaykh : So we say if one of the wives is the mother of this daughter, then she has one-sixth as a fixed share.
The questioner : Yes.
The Shaykh : And as for her sisters, whether they are sisters from the father or full sisters, they have two-thirds, meaning two-thirds of the daughter's share.
The questioner : Yes.
The Shaykh : The remainder will be for her full paternal uncle. So the problem now lies in the one-sixth. If one of the wives is her mother, then it will be for this mother. And if she is not her mother, then it returns to the uncle.
The questioner : Yes.
The Shaykh : It will be for her four sisters, two-thirds, and for the uncle, the remaining one-third.
The questioner : Yes.
The Shaykh : So the division of the daughter's estate, the estate of the last deceased daughter, is as follows: it is divided from six shares. For her four sisters is two-thirds, which is four shares.
The questioner : Yes.
The Shaykh : And two shares remain. If one of the wives is her mother, she took them, she took one share from these two shares.
The questioner : Yes.
The Shaykh : And the sixth share is for the uncle. And if she is not her mother and she has no mother, then both shares belong entirely to the uncle.
The questioner : Yes.
The Shaykh : And Allah is the One who grants success.
The questioner : May Allah reward you.