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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Division of the estate of a woman who died leaving children, siblings, and a mother

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Question:
A woman died, and she has heirs from her father, and she has two sons, brothers, and two daughters, and her mother. What is the mother’s share in her daughter’s inheritance, O Shaykh?

Answer:
The mother is entitled to one-sixth when there are children. Allah the Exalted says: :
And for one's parents, to each one of them is a sixth of his estate if he left childrenوَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ
[Surat al-Nisa: 11]. So if this woman dies leaving children, siblings, and a mother, the mother is entitled to one-sixth. If she has a husband, he is given one-fourth, and the rest goes to her children, male and female,
for the male, what is equal to the share of two femalesلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Surat al-Nisa: 11], based on the saying of Allah, the Exalted:
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
[Surat al-Nisa: 11]. The siblings have no share when there are children; the children exclude them. If she has male children, the siblings have no share at all, even if there is only one son; the son excludes them.
So if she dies leaving her mother, her son, and her two daughters, the mother gets one-sixth. The problem is based on six: the mother gets one-sixth, which is one out of six, and the rest is divided between the son and the two daughters in halves: the son gets half, and the two daughters get half,
for the male, what is equal to the share of two femalesلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
[Surat al-Nisa: 11].
And if she dies leaving a son, three daughters, and a mother, or a father, the problem is based on six. The mother gets one-sixth, or if it is a father, he gets one-sixth, or a grandfather gets one-sixth, or a grandmother gets one-sixth. The remaining five go to the son and the three daughters: two for the son, and three for the daughters, one for each.
And if she dies leaving both parents—a mother and a father—and a son and two daughters, the problem is also based on six. The father gets one-sixth, and the mother gets one-sixth. The remaining four go to the son and the two daughters: two for the son, and two for the two daughters, one for each. If she has a husband, he is given one-fourth, based on the saying of the Exalted:
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourthوَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ
[Surat al-Nisa: 12]. Yes.

The presenter: May Allah reward you and bless you, may the Shaykh be respected.
Source binbaz.org.sa

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

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