How is the inheritance divided among: a wife, a son, two daughters, two full brothers, a full sister, three full nephews (sons of a full brother), three full paternal uncles, and five full paternal cousins (sons of a full paternal uncle)?
If the deceased leaves behind only a wife, a son, and two daughters, the wife receives one-eighth (1/8) due to the presence of inheriting offspring, as Allah Almighty says: ﴿But if you have a child, then for them [i.e., the wives] is one eighth of what you leave.﴾ The remainder goes to the son and the two daughters by way of ta’sib (residuary heirship), with the male receiving the share of two females, as Allah Almighty says: ﴿Allah instructs you concerning your children: for the male, what is equal to the share of two females.﴾ There is nothing for the other mentioned heirs, such as brothers, sisters, and paternal uncles, because they are completely excluded from inheritance (حجب حرمان) by the presence of the son.
The inheritance is divided into 32 shares. The wife takes 4 shares (one-eighth), the son takes 14 shares, and each daughter takes 7 shares.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 170756
- Imported
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- Source text, unreviewed
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