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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Distribution of an estate among male children, a wife, a mother, and full siblings

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Question:
He asks another question, saying: A man died, leaving behind three male children, a wife, four full siblings, and the deceased’s mother. There is no bequest or debt. How is the inheritance distributed in the presence of the deceased’s mother? And how is it distributed in her absence, meaning after her death? May Allah reward you with good.

The Shaykh: Repeat.

The presenter: He says: A man died, leaving behind three male children, a wife, four full siblings, and the deceased’s mother. There is no bequest or debt. How is the inheritance distributed in the presence of the mother? And how is it distributed in her absence?

Answer:
In the presence of the mother, the estate is divided into twenty-four equal shares. The wife receives one-eighth, which is three shares; the mother receives one-sixth, which is four shares; and the remainder goes to the children, whether they are all male or a mix of males and females, with the male receiving the share of two females. The siblings receive nothing, as the male children exclude them. If the children are all female, this is because a daughter is referred to as a child, and a son is also referred to as a child.
As the Exalted said:
Allah instructs you concerning your children: for the male, what is equal to the share of two femalesيُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Al-Nisa: 11]. He named the son a child and the daughter a child. However, if the existing children are all female, they receive two-thirds, which is sixteen shares; the mother receives one-sixth, which is four shares; and the wife receives one-eighth, which is three shares. This brings the total to twenty-seven. The siblings receive nothing in either case. If they are male, the male children exclude them; if they are female, the fixed shares exhaust the estate, leaving nothing for them.
In any case, the siblings receive nothing. If the children are a mix of males and females, such as two daughters and one son, or two sons and one daughter, the mother receives one-sixth, which is four shares, and the wife receives one-eighth, which is three shares out of twenty-four. The remaining seventeen shares go to the children: the male receives the share of two females, to be divided among them, as the Exalted said:
Allah instructs you concerning your children: for the male, what is equal to the share of two femalesيُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Al-Nisa: 11]. The siblings receive nothing in all cases, in all scenarios.
If the mother is absent, meaning she died before her son, and there is no one else besides the wife and the children, the estate is divided into eight equal shares.
The wife receives one-eighth, which is one share out of eight. The remaining seven shares go to the children if they are male, or a mix of males and females. The seven shares are theirs. However, if the children are purely female, such as three daughters, the problem is divided into twenty-four shares. If there is a mother here, the wife receives one-eighth, which is three shares, and the daughters receive two-thirds, which is sixteen shares. The remaining five shares go to the siblings as residuary heirs, based on the saying of the Prophet (peace and blessings be upon him):
Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.ألحقوا الفرائض بأهلها، فما بقي فهو لأولى رجل ذكر
Sahih Muslim 1615a
. The closest relatives here are the siblings, as they are the nearest; so they are given the remaining five shares out of twenty-four. The wife is given one-eighth, which is three shares, and the daughters are given two-thirds, which is sixteen shares. The remaining five shares are for the siblings to divide among themselves. If they are all male, they share equally; if they are a mix of males and females, the male receives the share of two females, as the Exalted said at the end of Surah Al-Nisa:
If there are both brothers and sisters, the male will have the share of two females.وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Al-Nisa: 176]. This applies whether they are paternal siblings or full siblings, meaning either all are paternal siblings or all are full siblings, with the male receiving the share of two females.
If some are full siblings and some are paternal siblings, the residuary share belongs to the full siblings, and the paternal siblings are excluded by them and receive nothing. For example, if there are five siblings, one full sibling and the rest paternal siblings, the remainder is taken by the full sibling, and the paternal siblings are excluded because he is stronger in kinship and closer in relation. This is the detail of the matter. Yes.

The presenter: May Allah reward you with good, and may He do you good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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