Inheritance Distribution: Estate Among Wife, Three Daughters, and Four Sons
Source: Fatāwā Rāshidiyyah, Page: 602
❖ Question
What do the esteemed scholars say regarding the case where a man named Haji Allah Bakhsh passed away, leaving the following heirs:
◄ One wife
◄ 3 daughters
◄ 4 sons: Muhammad Bachal, Shafi Muhammad, Ali Muhammad, Wali Muhammad
Please clarify, according to the Shariah of Muhammad ﷺ, how much each heir will receive.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
First, it should be known that when a person passes away, the estate (property) is processed through the following stages:
➊ The expenses of shrouding and burial are deducted.
➋ If the deceased had any debt, it is to be repaid.
➌ If the deceased made a valid bequest, it shall be fulfilled from up to one-third of the wealth.
➍ After these stages, the remaining amount and property are considered as one rupee for distribution.
Method of Distribution
Deceased: Haji Allah Bakhsh
Estate: 1 Rupee
Heirs and Shares:
Heir | Paisa | Anna |
---|---|---|
Wife | 00 | 02 |
Daughter | 03 | 01 |
Daughter | 03 | 01 |
Daughter | 03 | 01 |
Son (Bachal) | 06 | 02 |
Shafi Muhammad | 06 | 02 |
Ali Muhammad | 06 | 02 |
Wali Muhammad | 06 | 02 |
The remaining 3 paisas will be divided into 11 parts:
◄ Each son receives 2 parts
◄ Each daughter receives 1 part
Qur’anic Evidences
Allah, the Exalted, says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾
And He also says:
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
Modern Decimal Distribution
Total Estate: 100
◄ Wife = 12.5 (1/8)
◄ 4 sons (ʿaṣabah) = 63.630 → 15.909 each
◄ 3 daughters (ʿaṣabah) = 23.683 → 7.954 each
ھذا ما عندی واللہ اعلم بالصواب