Inheritance Ruling: Shares of Daughter, Brother, and Wives
Reference: Fatāwā Rāshidiyyah, Page 607
❖ Question
What do the respected scholars say regarding this case:
Bachal Shah passed away, leaving behind:
◄ One daughter
◄ One brother
◄ Four wives
Afterwards, Ghulam Nabi Shah also passed away, leaving behind:
◄ Four wives
◄ One niece
What is the correct Shariah distribution of their estates?
❖ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
Clarification Regarding Gift (Hibah)
If the deceased had already transferred a house as a gift, it remains valid and binding. Similarly, if he had gifted certain belongings, and there is written proof or witnesses for it, that too is considered as a completed gift and will not be part of the inheritance.
General Method of Division
From the estate of the deceased:
➊ Funeral and burial expenses are deducted.
➋ Any outstanding debts are repaid.
➌ A valid will is executed, but not exceeding one-third of the estate.
➍ The remaining wealth — movable or immovable — becomes the estate and is divided by assuming it as 1 Rupee.
① First Distribution: Bachal Shah’s Estate
Total Estate: 1 Rupee
◈ Daughter = 8 annas
◈ Brother = 6 annas
◈ Four wives (jointly) = 2 annas
② Second Distribution: Ghulam Nabi Shah’s Estate
Total Estate: 1 Rupee
◈ Four wives (jointly) = 4 annas
◈ Niece = 12 annas
③ Decimal System Distribution
Deceased: Bachal Shah (Total = 100 parts)
◈ Daughter → 50 (½)
◈ Brother → 37.5 (as ʿaṣabah)
◈ Four wives (jointly) → 12.5 (⅛ shared)
Deceased: Ghulam Nabi Shah (Total = 100 parts)
◈ Four wives (jointly) → 12.5 (⅛ shared)
◈ Niece → 87.5 (as ḏhawī al-arḥām)
ھذا ما عندی واللہ أعلم بالصواب
