She died and left behind four daughters, a full sister and a granddaughter (son’s daughter)
Question A woman died and left behind 4 daughters, a granddaughter (son’s daughter), a full sister, 3 nephews (brother’s sons) and 5 nieces (brother’s daughters). What is the share of each person?. Praise be to Allah. The estate of the woman mentioned is limited to her daughters and sister. The daughters get two-thirds, and the…
Question
Praise be to Allah.
The estate of the woman mentioned is limited to her daughters
and sister. The daughters get two-thirds, and the rest goes to her full
sister on the basis of ta’seeb (i.e., by virtue of being related to the
deceased through the father of the latter, but they do not have a specific
allotted share, rather they get what is left after the allotted shares have
been distributed). The granddaughter, nephews and nieces do not get
anything.
Allaah says concerning the inheritance of daughters
(interpretation of the meaning):
“if (there are) only daughters, two or more, their share
is two-thirds of the inheritance”
[al-Nisa’ 4:11]
The majority of scholars are of the view that sisters may
inherit what is left on the basis of ta’seeb in cases where the deceased
leaves only daughters. Some of them narrated that there is consensus on this
point.
Al-Bukhaari said in his Saheeh: Chapter on inheritance
of sisters on the basis of ta’seeb when there are only daughters (of the
deceased). Then he narrated that al-Aswad said: Mu’aadh ibn Jabal ruled at
the time of the Messenger of Allaah (peace and blessings of Allaah be
upon him) that one-half goes to the daughter and one-half to the sister.
Ibn Battaal (may Allaah have mercy on him) said: They were
unanimously agreed that sisters may inherit what is left on the basis of
ta’seeb in cases where the deceased leaves only daughters, so they inherit
what is left over from the daughters. If a person leaves behind only a
daughter and a sister, the daughter gets half and the sister gets the
remaining half, based on the hadeeth of Mu’aadh. If he leaves behind two
daughters and a sister, they get two-thirds and the sister gets the
remainder. If he leaves behind a daughter, a sister and a granddaughter
(son’s daughter), the daughter gets half, the granddaughter gets the
remainder of the two-thirds and the sister gets the remainder, based on the
hadeeth of Ibn Mas’ood, because daughters cannot inherit more than
two-thirds. End quote from Fath al-Baari (12/24).
Ibn Qudaamah said in al-Mughni (6/164): This is the
view of most of the scholars. It was narrated from ‘Umar, ‘Ali, Zayd, Ibn
Mas’ood, Mu’aadh and ‘Aa’ishah (may Allaah be pleased with them). It is also
the view of most of the fuqaha’. End quote.
And Allaah knows
best.
