He died and left behind a wife, his parents, a son and daughter
Question He died and he had a wife, a son and a daughter, and a mother and a father. How should the house and car that are inherited be divided?. Praise be to Allah. If a man dies and leaves behind a wife, a son and a daughter, and a mother and a father, the…
Question
How should the house and car that are inherited be divided?.
Praise be to Allah.
If a man dies and
leaves behind a wife, a son and a daughter, and a mother and a father, the
estate is to be divided as follows:
The wife gets one
eighth, because Allah says (interpretation of the meaning):
“but if you leave a child, they [wives] get an eighth of that
which you leave”
[al-Nisa’
4:12].
The father gets
one sixth and the mother gets one sixth, because Allah says (interpretation
of the meaning):
“For parents,
a sixth share of inheritance to each if the deceased left children”
[an-Nisa’
4:11].
The rest goes to
the son and daughter, with the male getting a share equal to that of two
females, because Allah says (interpretation of the meaning):
“Allah
commands you as regards your children’s (inheritance); to the male, a
portion equal to that of two females”
[an-Nisa’
4:11].
To divide the
estate among the heirs, it must be divided into twenty-four equal shares of
which
the mother gets
four
the father gets
four
the wife gets
three.
The remaining
thirteen shares go to the son and daughter, with the son getting double what
the daughter gets.
The heirs can
agree to sell the house and car and divide the money amongst themselves, or
they can keep them to rent out and share the income amongst themselves.
And Allah knows best.
