If two brother fathers died before distributing their property among their children. what will be the share of each of their sons / daughters.
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
brother fathers died before distributing their property among their children.
what will be the share of each of their sons / daughters.
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Allah Says in the Holy Quran Chapter 2 Surah
Baqarah 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
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 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
The legal heirs or the ‘ashaab ul-faraidh’ of any
believing deceased whose share of inheritance is specifically prescribed by
Allah Subhanah are:
father of the deceased
mother of the deceased
spouse of the deceased
son/s of the deceased
daughter/s of the deceased.
Question: if two brother fathers died before distributing their property
among their children. what will be the share of each of their sons / daughters.
Respected brother, you need to clarify clearly who amongst
the legal heirs or ‘ashaab ul-faraidh’ of the deceased (father, mother, spouse,
sons, daughters) were alive at the time of the death of the person.
If the deceased was survived only by his two sons; ie. the
parents and the wife of the deceased passed away before him, and the deceased
had no daughters….then the two sons will share equally (50%-50%) in the wealth
left behind by their father.
But if the deceased was for example survived by his
father, his mother, his wife, two sons, and two daughters….the distribution of
the inheritance would be as follows:
father of the deceased would receive 1/6th or 16.67%
mother of the deceased would receive 1/6th of 16.67%
wife of the deceased would receive 1/8th or 12.50%
balance (which would be 54.16% in this particular case) would be divided
into six equal parts, and the sons would receive double the amount of the
daughters. Thus the two daughters
would receive 9.03% each and the two sons would receive 18.05% each.
Thus brother, if you could kindly clarify who exactly
amongst the legal heirs or ‘ashaab ul-faraidh’ survived the deceased, we would
try to list the exact shares each amongst them is entitled in the inheritance
of the deceased according to the guidance of the Quran and the Sunnah, Insha
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,