Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

My father died leaving behind property. Inheritors are my mother, 2 sons and 2 daughters. Plse explain distribution.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Inheritance distribution

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they (the wife) get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever); and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger and transgress His limits, will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

Your Question: My father died leaving behind property. Inheritors are my mother, 2 sons and 2 daughters. Plse explain distribution.

After the payment of legacies and debts (if any), the distribution according to the command of Allah Subhanah in the above verses of the Glorious Quran will be as follows:

The wife of the deceased will get 1/8^th of the wealth.

The two sons will get twice the share of the two daughters.

For example if the deceased left behind $11,000.00 and had legacies and debts to be paid worth $1,000.00, the distribution will be as follows:

First, the $1,000.00 will be paid to fulfill the legacies and debts, leaving $10,000.00 balance as the share of the inheritors.

The mother will get a 1/8^th or 12.50% share of $10,000.00, which is $1,250.00.

The balance $8,750.00 will be divided into six parts of $1,458.33, with the sons getting twice the share of the daughters.

Thus each of the two sons will get $1,458.33 x 2 = $2,916.66 each.

And each of the two daughters will get $1,458.33 each.

These are the shares of the inheritors declared by Allah in Surah Nisaa :11-12; and an obligatory duty unto the believers.

4:13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever); and that will be the Supreme achievement.

4:14 But those who disobey Allah and His Messenger and transgress His limits, will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan