Source: Fatawa Rashidiyyah, Page 573
What do the scholars of Islam say regarding this matter: Pir Haji Yunus passed away, leaving behind the following heirs:
◄ One wife
◄ Father (Pir Abdul Haq)
◄ Mother
◄ 9 sons
◄ 3 daughters
Afterwards, Pir Abdul Haq also passed away, leaving behind two wives, seven sons, and one daughter.
Please explain according to the Shari‘ah of Muhammad ﷺ how the inheritance should be distributed among each heir.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
First of all, it must be remembered that the estate of the deceased (Pir Yunus) will be divided in the following sequence:
➊ First, the expenses of shrouding and burial will be taken out.
➋ Next, if the deceased had any debts, they will be paid off.
➌ Then, if any bequest has been made in favor of someone, it will be fulfilled within one-third of the total estate.
After completing these stages, the remainder of the inheritance will be distributed.
The estate of the deceased is hypothetically taken as 1 rupee for ease of calculation:
◄ The wife will receive one-eighth (2 annas).
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾
◄ The father (Pir Abdul Haq) will receive one-sixth (2 annas 8 paisa).
◄ The mother will also receive one-sixth (2 annas 8 paisa).
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ﴾
The remaining 8 paisa will be divided into 21 shares as follows:
◄ Each son will receive 2 shares.
◄ Each daughter will receive 1 share.
﴿يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
The portion Pir Abdul Haq received from his son (Pir Yunus) — i.e., 2 annas 8 paisa — is considered his inheritance.
Its distribution will be as follows:
◄ His two wives will receive one-eighth collectively.
◄ The remainder will be divided into 15 shares:
▪ Each son will receive 2 shares.
▪ The daughter will receive 1 share.
Deceased: Pir Haji Yunus
Total Estate = 100
◄ Wife = 12.5
◄ Father = 16.666
◄ Mother = 16.666
◄ 9 Sons (residuary) = 46.429 → Each son gets 5.158
◄ 3 Daughters (residuary) = 7.738 → Each daughter gets 2.579
Deceased: Pir Abdul Haq
Total Estate = 100
◄ 2 Wives = 12.5
◄ 7 Sons (residuary) = 81.67
◄ 1 Daughter (residuary) = 5.83
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
What do the scholars of Islam say regarding this matter: Pir Haji Yunus passed away, leaving behind the following heirs:
◄ One wife
◄ Father (Pir Abdul Haq)
◄ Mother
◄ 9 sons
◄ 3 daughters
Afterwards, Pir Abdul Haq also passed away, leaving behind two wives, seven sons, and one daughter.
Please explain according to the Shari‘ah of Muhammad ﷺ how the inheritance should be distributed among each heir.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
First of all, it must be remembered that the estate of the deceased (Pir Yunus) will be divided in the following sequence:
➊ First, the expenses of shrouding and burial will be taken out.
➋ Next, if the deceased had any debts, they will be paid off.
➌ Then, if any bequest has been made in favor of someone, it will be fulfilled within one-third of the total estate.
After completing these stages, the remainder of the inheritance will be distributed.
◈ Inheritance of Pir Yunus
The estate of the deceased is hypothetically taken as 1 rupee for ease of calculation:
◄ The wife will receive one-eighth (2 annas).
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾
◄ The father (Pir Abdul Haq) will receive one-sixth (2 annas 8 paisa).
◄ The mother will also receive one-sixth (2 annas 8 paisa).
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ﴾
The remaining 8 paisa will be divided into 21 shares as follows:
◄ Each son will receive 2 shares.
◄ Each daughter will receive 1 share.
﴿يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
◈ Inheritance of Pir Abdul Haq
The portion Pir Abdul Haq received from his son (Pir Yunus) — i.e., 2 annas 8 paisa — is considered his inheritance.
Its distribution will be as follows:
◄ His two wives will receive one-eighth collectively.
◄ The remainder will be divided into 15 shares:
▪ Each son will receive 2 shares.
▪ The daughter will receive 1 share.
◈ Distribution in the Decimal System
Deceased: Pir Haji Yunus
Total Estate = 100
◄ Wife = 12.5
◄ Father = 16.666
◄ Mother = 16.666
◄ 9 Sons (residuary) = 46.429 → Each son gets 5.158
◄ 3 Daughters (residuary) = 7.738 → Each daughter gets 2.579
Deceased: Pir Abdul Haq
Total Estate = 100
◄ 2 Wives = 12.5
◄ 7 Sons (residuary) = 81.67
◄ 1 Daughter (residuary) = 5.83
ھذا ما عندی واللہ اعلم بالصواب
