How is the estate of a woman who died leaving behind a father, a mother, and a son to be divided?
If a woman dies leaving behind her parents, her husband, and her son, and no one else, then her mother receives one-sixth, her father receives one-sixth, her husband receives one-fourth, and the remainder goes to her son by ta'sib (residuary heirship). This is based on Allah's saying: ﴿And for his parents, to each one of them is the sixth of what he left if he had a child﴾ [An-Nisa: 11], and His saying: ﴿But if they have a child, then for you is a fourth of what they leave after any bequest they [may have] made or debt﴾ [An-Nisa: 12], and the saying of the Prophet, peace and blessings be upon him: "Give the prescribed shares to those entitled to them, and what remains is for the closest male heir."
In this case, the inheritance is divided into twelve shares: two shares for the mother, two shares for the father, three shares for the husband, and five shares for the son.
If the deceased woman did not leave a father, and the questioner is only the father of the son, then the father's share is added to the son's share, making the son's share seven shares.
It must be noted that matters of inheritance are serious, and relying solely on a is not sufficient. Rather, they must be referred to the courts for investigation into the heirs, bequests, debts, and other rights.
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