Inheritance of Grandchildren

Aug 2, 2021 | Inheritance

Q: We have a question regarding inheritance, we wanted to know how it would be divided, and my father-in-law has; his wife, a mother, 6 daughters, 2 brothers and 1 sister, 7 granddaughters and 7 grandsons.

A: All four schools of law agree that only the grandchildren who are from the son’s offspring receive a share[1][2][3][4]. So the answer is:

Wife = 1/8

Mother = 1/6

Daughters = 2/3

Brothers and sister = Remaining amount, the males get twice the amount as the females.

Worked out it will be 360 shares altogether:

Wife = 45

Mother = 60

Each daughter = 40

Each brother = 6

Sister = 3

Answered by Shaykh Bilal Brown

 

[1] Imam Ibn Mawdud al-Mawsili mentions, when discussing the inheritor who takes the remaining share (‘asabah): “It is every male that no female enters in his lineage to the deceased.”(Al-Mukhtar, Chapter of Inheritance Shares).

[2] Imam Ibn Shash (897 AH) mentions when discussing the inheritor who takes the remaining share (‘asabah): “The one who has a right to inheritance due to lineage without any intermediary are sons, daughters, fathers, and mothers. The one who has a right to inheritance with an intermediary between him and the deceased are four categories; the first are males that are related via males and they are the “asabah” like the sons of the sons and even lower down the lineage.” (Al-Taj wa al-Iklil, Chapter of Inheritance [412/6]).

[3] “The inheritors from the men are ten, their names are famously known; the son, the son of the son no matter how low they go…” (Al-Rahabiyyah).

[4] “They are (‘asabat) every male that is united (to the deceased) by himself or via another male… the closest of them is the son and his son even if he is lower down in lineage.” (Al-Uddah Sharh al-‘Umdah, Section on ‘Asabat [male inheritors who take the full or remaining share]).

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