She died and left behind a husband, four sons, five daughters, a full brother and a half-sister through her mother. How should the estate be divided?.
She died and left behind a husband, children, a full brother and a half-sister through her mother
Question: 147824
Answer
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
If a woman dies and leaves behind a husband, four sons, five daughters, a full brother and a half-sister through her mother, the estate is to be divided as follows:
The husband gets one-quarter, because there are children. Allah, may He be exalted, says (interpretation of the meaning):
“In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth…”
[al-Nisa’ 4:12].
The rest goes to the children, with each male getting the share of two females, because Allah, may He be exalted, says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”
[al-Nisa’ 4:11].
The full brother and the half-sister through the mother do not get anything.
So the estate is to be divided among their heirs: the estate should be divided into 52 equal portions, of which the husband gets 13, each son gets 6 and each daughter gets 3.
And Allah knows best.
Source:
Islam Q&A
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