Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

if two brother fathers died before distributing their property among their children. what will be the share of each of their sons / daughters.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Distribution of inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:

11      Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12      In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13      Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14      But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

 

The legal heirs or the ‘ashaab ul-faraidh’ of any believing deceased whose share of inheritance is specifically prescribed by Allah Subhanah are:

1. The father of the deceased
2. The mother of the deceased
3. The spouse of the deceased
4. The son/s of the deceased
5. The daughter/s of the deceased.

 

Your Question: if two brother fathers died before distributing their property among their children. what will be the share of each of their sons / daughters.

Respected brother, you need to clarify clearly who amongst the legal heirs or ‘ashaab ul-faraidh’ of the deceased (father, mother, spouse, sons, daughters) were alive at the time of the death of the person. 

 

If the deceased was survived only by his two sons; ie. the parents and the wife of the deceased passed away before him, and the deceased had no daughters….then the two sons will share equally (50%-50%) in the wealth left behind by their father.

 

But if the deceased was for example survived by his father, his mother, his wife, two sons, and two daughters….the distribution of the inheritance would be as follows:

1. The father of the deceased would receive 1/6^th or 16.67%
2. The mother of the deceased would receive 1/6^th of 16.67%
3. The wife of the deceased would receive 1/8^th or 12.50%
4. The balance (which would be 54.16% in this particular case) would be divided into six equal parts, and the sons would receive double the amount of the daughters.  Thus the two daughters would receive 9.03% each and the two sons would receive 18.05% each.

 

Thus brother, if you could kindly clarify who exactly amongst the legal heirs or ‘ashaab ul-faraidh’ survived the deceased, we would try to list the exact shares each amongst them is entitled in the inheritance of the deceased according to the guidance of the Quran and the Sunnah, Insha Allah.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan