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:

How should an inheritance be split according to the Sharee'ah for a man who leaves behind a wife,a mother,a brother and 2 sisters?

and then the same question with a child:

How should an inheritance be split according to the Sharee'ah for a man who leaves behind a wife, mother, a child, a brother and 2 sisters?

(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 split

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 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 Apostle 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 Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

Your Question: How should an inheritance be split according to the Sharee'ah for a man who leaves behind a wife,a mother,a brother and 2 sisters?

After the payment of debts and the will (if any), the shares of the inheritance prescribed by Shariah in the above case would be as follows:

The wife would receive 1/4^th.

The mother would receive 1/6^th.

The balance amount would be divided into 4 parts; the sisters would receive one part each, and the brother two parts.

Thus if the amount was $100,000.00 the division would be as follows:

Wife would receive $25,000.00

Mother would receive $16,666.67

The balance $58,333.33 would be divided into four parts of $14,583.33

The sisters would thus receive $14,583.33 each

And the brother would receive $29,166.67.

Your Question: How should an inheritance be split according to the Sharee'ah for a man who leaves behind a wife, mother, a child, a brother and 2 sisters?

Beloved brother, since you have not mentioned the gender of the child, we will give both the scenarios; when the child is a girl, and when the child is a boy.

If the child is a boy, the division will be as follows:

Wife will receive 1/8^th

Mother will receive 1/6^th

The brothers and sisters would receive nothing.

The full balance will be given to the son.

Thus, if the amount was $100,000.00 the division would be as follows:

Wife would receive $12,500.00

Mother would receive $ 16,666.67

Balance $70,833.33 will be given to the son.

The brothers and sisters get nothing.

If the child is a girl, the division will be as follows:

Wife will receive 1/8^th

Mother will receive 1/6^th

Daughter will receive ½

The balance amount would be divided into 4 parts; the sisters would receive one part each, and the brother two parts.

Thus, assuming the amount was $100,000.00 the division would be as follows:

Wife would receive $12,500.00

Mother would receive $16,666.67

Daughter would receive $50,000.00

The balance $20,833.33 would be divided into four parts of $5,208.33

The sisters would receive $5,208.33 each

The brother would receive $ 10,416.67

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