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: : [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, [Surat al-Nisa: 11], based on the saying of Allah, the Exalted: [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, [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: [Surat al-Nisa: 12]. Yes.
The presenter: May Allah reward you and bless you, may the Shaykh be respected.
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 children
وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌfor the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAllah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِSo 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 females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAnd 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 fourth
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُThe 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.
