Inheritance Distribution: Daughters, Wife, and Brother
Source: Fatāwā Rāshidiyyah, Page 570
❖ Question
➊ A query was presented before the scholars: Qazi Mustafa passed away, leaving behind the following heirs:
✿ Three daughters
✿ One wife
✿ One brother, Faiz al-Nabi
➋ During his lifetime, the deceased wrote in his own handwriting:
“My entire property belongs to my three daughters.”
The questioner asks:
✿ How will the estate be divided according to the Shariah of Muhammad ﷺ?
✿ Is the written declaration in favor of the daughters valid or not?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
It should first be understood that according to Sharīʿah, the estate of a deceased is handled in the following order:
➊ Funeral and burial expenses are deducted.
➋ Debts are paid.
➌ Any valid will is executed from up to one-third (⅓) of the estate.
➍ The remainder is distributed among the heirs according to Sharʿī shares.
▣ Division of the Estate
If the total estate of Qazi Mustafa is assumed as 1 rupee, the division will be as follows:
✿ Wife: 2 ānā (1/8 share)
✿ Three daughters (jointly): 10 ānā 8 pāi (2/3 share)
✿ Brother, Faiz Muhammad: 4 pāi (remaining as ʿAṣabah)
❖ Evidences
Allah ﷻ says:
﴿فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾
The Prophet ﷺ said:
((الحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر))
(Bukhārī and Muslim)
▣ Ruling Regarding the Written Declaration
The deceased’s written statement — “My entire estate belongs to my three daughters” — is not valid.
✿ The Prophet ﷺ said:
((لا وصية للوارث))
(Musnad Aḥmad 4/186, ḥadīth: 17680; Jāmiʿ al-Tirmidhī, Kitāb al-Waṣāyā, ḥadīth: 2120; Ibn Mājah, Kitāb al-Waṣāyā, ḥadīth: 2712)
✿ Since the property was not handed over to the daughters during his lifetime, nor acted upon while he was alive, this cannot be considered a gift (hiba) but rather a will (waṣiyyah). And a will in favor of an heir is invalid in Sharīʿah.
▣ Division in the Modern Decimal System (%)
If the total estate is considered 100 units, the distribution will be:
✿ Wife: 12.5 (1/8 share)
✿ Three daughters (jointly): 66.66 (2/3 share)
✿ Brother: 20.84 (as ʿAṣabah)
ھذا ما عندی واللہ أعلم بالصواب
