He died and left behind a wife, two sons and three daughters
Question My full brother died and left behind a wife, a mother, two sons who have not reached the age of maturity and three daughters, one of whom has reached the age of maturity. I sold some property of his which is worth 190,000 riyals, which I spent on his children and wife, and I…
Question
Praise be to Allah.
Firstly:
No
differentiation is made between minors and adults with regard to
inheritance. Small children have their share of the inheritance just like
adults.
But a small
child should not be given his share in his hand, rather it should be given
to his guardian who spends on him, and reference should be made to the court
that deals with that, so as to protect the orphan’s wealth.
Secondly:
If the heirs
are those whom you mentioned, then the wife gets one-eighth, because Allaah
says (interpretation of the meaning):
“In that
which you leave, their (your wives) share is a fourth if you leave no child;
but if you leave a child, they get an eighth of that which you leave”
[al-Nisa’
4:12]
The mother
gets one-sixth, because Allaah says (interpretation of the meaning):
“For
parents, a sixth share of inheritance to each if the deceased left children”
[al-Nisa’ 4:11]
With regard
to the remaining children, each male gets the share of two females, because
Allaah 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]
Thirdly:
With regard
to dividing the inheritance asked about here, it should be divided into 24
equal parts, of which the wife gets three parts, the mother gets four, and
the remainder (seventeen parts) should be divided among the children, with
each male getting the share of two females.
And Allaah
knows best.
