Shar‘i Inheritance: Distribution Between Wife, Sons, and Brother
📖 Source: Fatawa Rashidiyyah, Page 625
Question
It was asked regarding Kamoon, who passed away leaving:
◈ Two sons: Umaruddin and Mir Khan
◈ One wife: Khatun
Later, Mir Khan also passed away, leaving as heirs:
◈ His mother
◈ His brother Umaruddin
How should the inheritance be distributed according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
Before distribution, from the estate of the deceased:
① Funeral expenses are deducted.
② Any debts must be repaid.
③ Any valid will is executed (up to one-third of the estate).
④ The remaining estate is divided among the heirs according to Shar‘i rules.
Distribution of Kamoon’s Inheritance
Total estate = 1 rupee
◈ Wife (Khatun): 1/8 = 2 annas (12.5%)
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ [al-Nisa]
◈ Remaining estate = 14 annas (87.5%)
- Son Umaruddin: 7 annas (43.75%)
- Son Mir Khan: 7 annas (43.75%)
Distribution of Mir Khan’s Inheritance
Total estate of Mir Khan = 43.75% (his share from Kamoon’s property)
◈ Mother: 1/6 = 14.583%
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ﴾ [al-Nisa]
◈ Brother Umaruddin (as residuary/عصبہ): 29.167%
Modern Decimal Calculation
Kamoon’s estate (100%)
- Wife: 12.5%
- Son Umaruddin: 43.75%
- Son Mir Khan: 43.75%
Mir Khan’s estate (43.75% of total)
- Mother: 14.583%
- Brother Umaruddin: 29.167%
Conclusion
- From Kamoon’s estate: Wife gets 12.5%, each son 43.75%.
- After Mir Khan’s death: His mother receives 14.583%, and his brother Umaruddin receives the remainder 29.167%.
ھذا ما عندی، واللہ أعلم بالصواب
