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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:

HeirShare %Notes
Wife25%Fixed share (1/4)
Paternal Half-Sister50%Fixed share (1/2)
Female Cousin0%Excluded
Descendants of Grandfather’s Brothers25%Residuaries


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
 
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