Shar‘i Ruling on Inheritance: Distribution Between Wife and Brother
Source: Fatawa Rashidiyyah, Page 632Question
(1) A man named Muhammad Suleman passed away, leaving only two heirs:
◈ One wife
◈ One brother (Muhammad Hasan)
No other heirs are present.
(2) During his lifetime, the deceased had written a document stating:
◈ He gave his money, wealth, and house to his wife.
◈ After his death, these should remain with his wife.
◈ The remaining land should be divided according to the Shari‘ah of Muhammad ﷺ.
The written document still exists.
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
The procedure is as follows:
① From the estate, funeral expenses are deducted first.
② Debts are then paid.
③ A valid will, if present, may be executed from up to one-third of the estate.
④ The remaining estate (movable and immovable) is divided among the heirs according to Shar‘i rules.
Division of Inheritance
- Wife: 4 annas (¼ = 25%)
- Brother Muhammad Hasan (as residuary/عصبہ): 12 annas (¾ = 75%)
Ruling on the Gift (Hibah)
Whatever the deceased had already gifted to his wife during his lifetime (house, money, and wealth) is valid and remains in her possession. That property is not part of the inheritance; it belongs solely to the wife.
Modern Decimal Distribution
If the estate = 100 units:
- Wife: 25 units (¼ = 25%)
- Brother (Muhammad Hasan): 75 units (¾ = 75%)
Conclusion
- The hibah made to the wife in the deceased’s lifetime is valid and solely hers.
- From the remaining estate: the wife inherits ¼ (25%), and the brother receives ¾ (75%) as residuary.
ھذا ما عندی، واللہ أعلم بالصواب
