Question:
Write the details of the shares of the As’hab al-Fara’id?
Answer:
1. Husband: There are two conditions for him:
➊ When the deceased wife has no direct heirs, the husband will receive half (1/2) of the inheritance.
❀ Allah Almighty said:
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ
If your wives have no children, then half of their inheritance is for you.
➋ When the wife has direct heirs, whether from the same husband or a previous husband, the husband will receive one-fourth (1/4) of the inheritance.
❀ Allah Almighty said:
فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ
If the wives have children, then one-fourth of the inheritance is for you.
2. Father: There are three conditions for him:
➊ When the deceased has male direct heirs, such as son, grandson, etc., the father will receive one-sixth (1/6) of the inheritance.
➋ When the deceased has female direct heirs, such as daughter, granddaughter, etc., the father will receive one-sixth (1/6) along with residuary inheritance (Asabah).
❀ Allah Almighty said:
وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ
If the deceased has children, then each parent will receive one-sixth of the inheritance.
➌ When the deceased has no direct heirs, the father becomes the residuary heir.
❀ Allah Almighty said:
فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ
If the deceased has no children and the heirs are the parents, then the mother receives one-third, and the remaining two-thirds (2/3) as residuary inheritance goes to the father.
3. Grandfather:
In the absence of the father, the grandfather becomes the heir, and the three conditions mentioned for the father apply to the grandfather.
4. Maternal Sister/Brother: Maternal sisters and brothers inherit equally and have three conditions:
➊ If there is only one, they receive one-sixth (1/6).
➋ If there are more than one, they share one-third (1/3).
➌ If the deceased has direct heirs or father/grandfather present, they are excluded from inheritance.
❀ Allah Almighty said:
وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ
Translation: If a deceased man or woman is a “Kalalah” (having no direct or collateral heirs) and has one brother or one sister, each will receive one-sixth (1/6). If there are more than one, they share one-third.
Note:
Maternal siblings are called ”أخيافي“ siblings. They (male and female) have equal rights in inheritance and division among themselves. They inherit even in the presence of the mother, whereas other heirs are often excluded in their presence because they are relatives of the deceased.
5. Wife: There are two conditions:
➊ When the deceased husband has no direct heirs, the wife receives one-fourth (1/4) of the inheritance.
❀ Allah Almighty said:
وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ
If you have no children, then one-fourth of your inheritance is for your wives.
➋ When the husband has direct heirs, the wife receives one-eighth (1/8).
❀ Allah Almighty said:
فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ
If you have children, then one-eighth of your inheritance is for your wives.
Note:
If there is only one wife, she alone will take the one-fourth or one-eighth share; if there are multiple wives, they will divide this share equally among themselves. A woman is also an heir during the waiting period of revocable divorce.
6. Mother: There are three conditions:
➊ When the deceased son has direct heirs or one or more siblings, the mother receives one-sixth (1/6) of the inheritance.
❀ Allah Almighty said:
وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ
If the deceased has children, then each parent receives one-sixth of the inheritance.
فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ
If the deceased has siblings, the mother receives one-sixth (1/6).
➋ When the mentioned heirs (children or one or more siblings) are not present, the mother receives one-third (1/3) of the total inheritance.
➌ When the deceased has parents along with a husband or wife, the mother receives one-third (1/3) of the remaining inheritance.
7. Grandmother (Paternal and Maternal): The grandmother receives one-sixth (1/6) of the inheritance if the deceased’s mother is not present. In the presence of the father, the paternal grandmother is excluded, but the maternal grandmother inherits.
Note:
If both paternal and maternal grandmothers are present, they share the one-sixth (1/6) equally. If only one is present, she alone receives the one-sixth share.
In the presence of a closer relative, a more distant relative is excluded, for example, in the presence of the paternal grandmother, the great-grandmother is excluded, and in the presence of the maternal grandmother, the great-grandmother on the maternal side is excluded.
As narrated, when the deceased’s maternal grandmother came to Hazrat Abu Bakr (RA) and asked about her inheritance, he said:
Your share is not mentioned in the Book of Allah, and I do not know any Sunnah of the Prophet (PBUH) regarding it, so go back. I will ask people about it. Upon inquiry, Hazrat Mughirah bin Shu’bah (RA) informed that he was with the Prophet (PBUH) when the maternal grandmother was given one-sixth share. Hazrat Abu Bakr (RA) asked who else was with her, and Hazrat Muhammad bin Muslimah (RA) stood and confirmed the same. Hazrat Abu Bakr (RA) then issued the same ruling. Later, the paternal grandmother came to Hazrat Umar (RA) during his caliphate and demanded her inheritance. He said: Your share is not mentioned in the Book of Allah, but it is the same one-sixth share. If both (paternal and maternal grandmothers) are present, this one-sixth share will be shared between you; if only one is present, it will be solely for her.
Qazi Hussain (may Allah have mercy on him) explained that the grandmother who came to Hazrat Abu Bakr (RA) was the maternal grandmother, and the one who came to Hazrat Umar (RA) was the paternal grandmother. A narration from Ibn Majah also supports this. (Tuhfat al-Ahwazi: 6/229)
8. Daughter: There are three conditions:
➊ When the deceased has only one daughter, she receives half (1/2) of the inheritance.
❀ Allah Almighty said:
وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ
If there is only one daughter, she receives half.
➋ When there are two or more daughters, they receive two-thirds (2/3).
❀ Allah Almighty said:
فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ
If there are two or more daughters, they receive two-thirds of the inheritance.
➌ When both sons and daughters are present, the son receives twice the share of the daughter as residuary heir.
❀ Allah Almighty said:
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
Allah commands you regarding your children: the male shall have the equivalent of the share of two females.
9. Granddaughter: There are five conditions:
➊ When there is only one granddaughter from the deceased’s children, she receives half (1/2) of the inheritance.
➋ When there are more than one, they receive two-thirds (2/3).
➌ When one or more granddaughters are present along with one daughter, they receive one-sixth (1/6), and the daughter receives half in this case.
The Messenger of Allah (PBUH) said:
قضى النبى صلى الله عليه وسلم للابنة النصف ولابنة الابن السدس تكملة الثلثين وللأخت ما بقي
The Messenger of Allah (PBUH) ruled that the daughter receives half, the granddaughter receives one-sixth to complete two-thirds, and the remainder goes to the sister.
➍ When they have their brother with them, they inherit as residuary heirs and divide among themselves according to للذكر مثل حظ الأنثيين.
➎ When the deceased has a son or one or more daughters, they are excluded.
10. Sister: There are five conditions:
➊ When there is only one sister, she receives half (1/2) of the inheritance.
❀ Allah Almighty said:
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ
They ask you about Kalalah. Say: Allah instructs you about Kalalah: if a man dies without children and has a sister (full or paternal), she receives half.
➋ When there are more than one, they receive two-thirds (2/3).
❀ Allah Almighty said:
فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ
If there are two or more sisters, they receive two-thirds of the inheritance.
➌ When they have their brother with them, they inherit as residuary heirs and divide among themselves according to للذكر مثل حظ الأنثيين.
❀ Allah Almighty said:
وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
If brothers are both male and female, the male receives twice the share of the female.
➍ When the deceased has female direct heirs, they inherit as residuary heirs.
➎ When the deceased has male direct heirs or father present, they are excluded.
11. Paternal Sister: There are six conditions:
➊ When there is only one paternal sister and no full sister, she receives half (1/2) of the inheritance.
➋ When there are more than one and no full sister, they receive two-thirds (2/3).
➌ In the presence of one full sister, she receives one-sixth (1/6) to complete two-thirds.
➍ When they have their brother or female direct heirs with them, they inherit as residuary heirs.
➎ When the deceased has male direct heirs, father, or full brother, they are excluded.
➏ They are also excluded in the presence of two full sisters, except if they have a paternal brother, in which case they inherit as residuary heirs.
Note:
The inheritance of maternal sisters has been discussed along with maternal brothers
.
