Question # 345: Assalamu Alaikum, My question is also related to inheritance. My father is passed away and our home in which we are leaving is in his name. We are two brother and two sister and our mother is alive. Home value is approximately 3,000,000 (Three Million). Please do let me know how to distribute this amount exactly. Jazak Allahu Khayran
bismi-llahi r-raḥmani r-raḥīm,
Assalamu ‘laikum warahmatullahi wabarakatuh,
All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم).
First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake.
Shorter Answer: From the information provided in the question, the inheritance shares will be as follows: Mother: 1/8 (12.5%) (375,000), Each Son: 7/24 (29.17%) (875,000) and Each Daughter: 7/48 (14.58%) (437,500); after the settlement of debt owed by the deceased, funeral expenses and the execution of deceased’s will.
Long Answer: The division in this case is one of the issues of al-faraa’id (division of inheritance) which is governed by two verses in the Book of Allah (سبحانه و تعالى):
- The verse in which Allah states the inheritance of the wife: “but if you leave a child, they get an eighth of that which you leave” (Soorah an-Nisa’a, 4:12)
This verse allocates to the wife one-eighth of the estate if there is a son of the husband.
- The verse in which Allah states the inheritance of the children if there are both males and females: “Allah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females” (Soorah an-Nisa’a, 4:11)
Based on this, the estate is to be divided as follows:
- The wife gets one-eighth of the estate.
- The rest is given to the sons and daughters, with the male getting a share equal to that of two females.
Division of the estate of 3,000,000 will be calculated in the following manner:
- The wife’s share of the estate is 1/8th = 3,000,000 * 1/8 = 375,000
- Balance of Estate to be divided among sons and daughters in the ratio 2:1
- The share of all the sons is (3,000,000 – 375,000) x 2/3 = 1,750,000
- The share of one son is 1,750,000 divided by 2 = 875,000
- The share of all the daughters is (3,000,000 – 375,000) x 1/3 = 875,000
- The share of one daughter is 875,000 divided by 2 = 437,500
Allahu A’lam (Allah (سبحانه و تعالى) knows best) and all Perfections belong to Allah, and all mistakes belong to me alone. May Allah (سبحانه و تعالى) forgive me, Ameen.