QUESTION ❓
Assalamu
Alaikum wa Rahmatullahi wa Barakatuh.
A woman asks:
“If a man dies unmarried and his mother is still alive, does his mother inherit everything from him? His father has already died, but he has full siblings—brothers and sisters who share the same father and mother—and there is a male among them.”
ANSWER ❗️
Wa
Alaikumussalam wa Rahmatullahi wa Barakatuh.
If the
circumstances are exactly as described—namely, the deceased is a man who:
·
was not married;
·
left no children;
·
his father had already died;
·
his mother is alive;
·
he left one full brother and two full sisters; and
·
there is no other heir who changes the calculation,
then the
mother does not inherit the entire estate.
She receives one-sixth
(1/6), while the remaining five-sixths (5/6) goes to
the full siblings as residuary heirs, with the male receiving the share of two
females.
1. The Mother's Share
Allah says:
فَلِأُمِّهِ السُّدُسُ إِن كَانَ لَهُ إِخْوَةٌ
Fa-li-ummihi
al-sudusu in kāna lahu ikhwatun.
“For his
mother is one-sixth if he had siblings.”
— Qur’an 4:11
Since the deceased
has three siblings, the mother's share is therefore:
1/6 of the
estate.
2. The Remaining Estate
After the mother's
one-sixth is taken, the remaining:
5/6
goes to the
deceased's full siblings in this particular situation.
There is one
brother and two sisters.
The principle is
that, when brothers and sisters inherit together in this manner, the male
receives the share of two females.
Allah says:
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
Lil-dhakari
mithlu ḥaẓẓi al-unthayayn.
“For the
male is the share of two females.”
— Qur’an 4:176
Thus, the four
units of the siblings' residue are divided as follows:
·
Brother = 2 units
·
Sister = 1 unit
·
Sister = 1 unit
That gives:
Mother
1/6
Full brother
2/4 of the
remaining 5/6 = 5/12 of the entire estate
First full sister
1/4 of the
remaining 5/6 = 5/24 of the entire estate
Second full sister
1/4 of the
remaining 5/6 = 5/24 of the entire estate
In a simple
numerical example, if the estate were ₦1,200,000 after all
applicable deductions:
|
Heir |
Share |
Amount |
|
Mother |
1/6 |
₦200,000 |
|
Full brother |
5/12 |
₦500,000 |
|
Full sister |
5/24 |
₦250,000 |
|
Full sister |
5/24 |
₦250,000 |
|
Total |
1 |
₦1,200,000 |
3. The Mother Does Not Automatically Inherit Everything
The fact that the
deceased was unmarried does not mean that his mother
automatically becomes the sole heir.
Marriage is only
one factor in determining the heirs. The complete list of surviving relatives
must be established before the estate can be divided.
For example, the
ruling could change if the deceased left another heir such as a son,
daughter, surviving father, paternal grandfather, or certain other relatives,
depending on the circumstances.
Therefore, the
calculation above should not be applied to an actual estate until the complete
family situation has been established.
4. Debts and Valid Bequests Come Before Distribution
The estate should
not simply be divided immediately after death.
Before the
inheritance is distributed, the deceased's legitimate financial obligations and
valid bequests must be dealt with according to the rules of Islamic
inheritance.
Allah mentions
inheritance after referring to bequests and debts in Qur’an
4:11–12.
A valid bequest (waṣiyyah)
is generally subject to the Islamic restrictions governing bequests, including
the well-known limit of one-third and the rules concerning heirs.
5. An Important Qualification
The calculation
given here assumes that the deceased truly left one full brother and
two full sisters, meaning they share both the same father and mother.
It also assumes
that there is no surviving father, paternal grandfather, child, spouse,
or another heir whose presence would alter the distribution.
Because
inheritance can become complicated when several relatives survive, an actual
estate should be calculated after establishing every surviving heir.
Conclusion
If the deceased
was unmarried, had no children, his father had already died, his mother is
alive, and his only other relevant heirs are one full brother and two
full sisters, then the mother receives 1/6, while the
remaining 5/6 is divided among the siblings:
·
Mother: 1/6
·
Full brother: 5/12
·
First full sister: 5/24
·
Second full sister: 5/24
However, this is
conditional on the family circumstances stated above being complete and
accurate.
For an actual
inheritance case involving significant property, the family should have the
complete list of heirs verified by a qualified farā’iḍ scholar or
competent Islamic authority before distributing the estate.
Wallāhu
Taʿālā Aʿlam — And Allah knows best.
Zauren Fatawoyi Bisa Al-Qur’ani da Sunnah
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