Inheritance Division for Wife, Half-Sister, and Descendants of Grandfather’s Brothers

Inheritance Case: Wife, Sister, Cousin, and Descendants of Grandfather’s Brothers

Source: Fatawa Rashidiyyah, p. 658

Question:

Allah Bachaya alias Haji passed away, leaving behind:

• one wife,
• one paternal half-sister,
• one female cousin,
• and the male descendants of his grandfather’s two brothers.

How will the estate be divided according to the Shari‘ah of Muhammad ﷺ?

Preliminary Rules

Before distribution of inheritance:

1. Funeral and burial expenses are covered.
2. Debts are paid.
3. Any valid will (within one-third of the estate) is executed.
4. The remainder is divided among the heirs.

Distribution of Inheritance

Total Estate = 100 (or 1 Rupee)

• Wife: 1/4 = 25
• Paternal Half-Sister: 1/2 = 50
• Female Cousin: Excluded
• Male descendants of grandfather’s brothers (as residuaries): 25 (shared)

Evidences

• Qur’an:
  ﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ (an-Nisa)
  ﴿لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ (an-Nisa)
• Hadith:
  The Prophet ﷺ said:
  ((ألحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر))
  (Sahih al-Bukhari 6735, Sahih Muslim 4141)

✅ Final Shares:

Conclusion:
The wife takes 1/4, the sister 1/2, and the remainder goes to the male descendants of the grandfather’s brothers. The female cousin is excluded.
والله أعلم بالصواب