Questions Pertaining to Al-Furudh

Question :

A man died, leaving two sons, two daughters, a wife, a full brother and a full sister. What is the share of each one of them?

Answer:

The first thing to be done with the property of the deceased is to pay his debts, if he has any, then to implement his legal bequests, if he made any. The remainder is then divide into eight parts for the heirs and it is also correct to divided it into forty-eight shares: An eighth six shares for the wife; for each son, fourteen shares and for each daughter, seven shares. And there is nothing for the full brother or the full sister, because of the division to the male heir.

Question :

A man died, leaving a father, a daughter, a full brother, two half brothers from the father, and a full sister. How will the inheritance be divided up?

Answer:

The division of the inheritance will be in two halves: One for the daughter as Fardh and the other for the father as Fardh and 'Asabah. There is nothing for the brothers because the father excludes them, according to the consensus of the scholars.

However, if the deceased has any confirmed debts, they must be paid from the estate before distribution among the heirs. Then, if anything remains, it is for the heirs according to the aforementioned division. Likewise, if the deceased has made any confirmed legal bequests, they must be discharged before the distribution of the estate among the heirs up to one third, or less. And the deceased is not permitted to bequeath more than a third; if he does so, the excess will not be implemented, except with the agreement of the legally capable heirs who are of legal age. The evidence for giving priority to the debts and bequests over the heirs is in the Words of Allah, Most High:
"Allah commands you as regards your children's (inheritance): to the male, a portion equal to that of two females"

up to His Words:
"After the payment of legacies he may have bequeathed or debts."

Question :

A woman died, leaving the sons of a half brother and the sons of an uncle. Which of them inherits and which does not inherit, and what is the share of each of them?

Answer:

If the sons of her brother who are present are the sons of a paternal half brother, then they are Al-'Asabah and there is nothing for the sons of her uncle. However, if they are the sons of a maternal half brother, then they have nothing, because they are blood relations and the inheritance will be for the sons of her uncle, if they are the sons of a full uncle, or the sons of the father's uncle. If some of them are sons of a full uncle and the others are sons of the father's uncle, then the inheritance is for the sons of the full uncle, if they are on the same level. If some of them are closer than others, then the inheritance is for the closest only and the more distant gets nothing whether he is the son of a full uncle or the son of the father's uncle, according to the words of the Prophet:

"Whatever a father or son obtained (by inheritance) it goes to his 'Asabah and it does not matter what the degree of the 'Asabah's relationship is."

and his words:
"Pay Al-Fara'idh to those who have the right to it, and regarding what remains, it is for the most deserving male."

And the meaning of "the most deserving" is the closest in kinship. And Allah is the Granter of success.

Question :

A man died, leaving a son, two daughters, a father, a full sister and a wife. What is the share of each one of them?

Answer:

Priority must be given regarding his estate to the payment of his debts, if he has any, then the implementation of his legal bequests, if he has made any. What remains after that will be for the heirs, divided into twenty-four parts, and it is correct to divide it into ninety-six shares: An eighth for the wife, or twelve shares from ninety six shares, for the father, one sixth, or sixteen shares from ninety-six shares, for each daughter, seventeen shares from ninety-six shares, for the son, thirty shares from ninety-six shares and nothing for the full sister, due to the division to the male heir who is the son, and the presence of the origin of the male heir who is the father.

Question :

The father of the aforementioned deceased died, leaving a daughter, a grandson and two granddaughters belonging to his son and two full brothers. What is the share of each one of them?

Answer:

Priority must be given regarding his estate to the payment of his debts, if he has any, then the implementation of his legal bequests, if he has made any. What remains after that will be for the heirs, divided into two parts and it is correct to divide it into eight shares: For the daughter is a half, or four shares and the remaining four shares are distributed among the grandsons and granddaughters belonging to the son: For the grandson, two shares and for each girl, one share and nothing for the two full brothers because of the presence of the division to the male heir who is the son. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Question :

A woman says: "My mother died, leaving me, her sister from her mother and father (i.e., a full sister) and three sons and a daughter belonging to my maternal uncle from her father and mother. What is the ruling?"

Answer:

If the situation is as you describe, then the inheritance which your mother left - may Allah have mercy on her - will be divided between you and her sister one half each. There is nothing for the sons of her brother, because her sister in matters such as these, excludes the brother's sons. But if your mother bequeathed anything, her bequest has priority over you and over her sister, if it is a third or less in a legal manner. And if she had any confirmed debts, then pay them before the bequest and before dividing up the inheritance between yourself and her sister.

Source:
Fatawa Islamiyah, Vol. 5 Pages 92-93-94-95