6- THE ESTATE DIVISION SHARES
THE ESTATE DIVISION SHARES
The six obligatory shares mentioned in the Quran (Quran 4:11-12) are one-half, one-fourth, one-eighth, two-thirds, one-third, and one-sixth.
They go to ten categories:
1. X’s husband;
2. X’s wife;
3. X’s father;
4. X’s mother;
5. X’s daughters;
6. X’s son’s daughters, or the daughters of X’s son’s son, son’s son’s son, and on down;
7. X’s sisters;
8. X’s father’s father;
9. X’s mother’s or father’s mother;
10. X’s half-brothers or half-sisters from the same mother.
A summary of X’s husband’s share: -1/2 if there is no inheriting descendant. -1/4 if there is an inheriting descendant. -The husband’s share is not eliminated by anyone.)
X’s husband:
1. receives one-half the estate when X has no child who may inherit (even if the child is from a different husband) (the word child (walad) including both males and females (of all ages», and X’s son has no child who may inherit;
2. but receives one-fourth the estate when X has a child who may inherit (whether from X by this husband or a different husband, and whether male or female), or when X’s son has a child who may inherit.
(A summary of X’s wife’s share:
-1/4 if there is no inheriting descendant.
-1/8 if there is an inheriting descendant.
-The wife’s share is not eliminated by anyone.)
X’s wife:
1. receives one-fourth the estate when X has no child to inherit (even if by a different wife) and X’s son has no child to inherit;
2. but receives one-eighth the estate when X has a child to inherit, or X’s son has a child to inherit (whether X’s son is from her or from another wife).
If there are two, three, or four wives, they jointly receive the one-fourth or one-eighth (meaning that the share apportioned to one wife is given to two or more (to divide up between them».
(A summary of X’s father’s share:
-1/6 if there is an inheriting descendent.
-Universal heir if there is no male inheriting descendant.
-The father’s share is not eliminated by anyone.)
X’s father:
1. receives one-sixth of the estate when X has a son to inherit, or when X’s son has a son to inherit (or when X has a daughter or X’s son has a daughter, who may inherit (though in such a case, the father takes (the sixth plus) the remainder of the estate as universal heir (as discussed next)));
2. but is universal heir (by himself, meaning he takes the whole estate if there are no others who have an obligatory share coming; or if there are such others, he receives the remainder of the estate after they have received their shares) when X has no son to inherit and X’s son has no son to inherit.
(A summary of X’s mother’s share: if there is an inheriting descendant, or if there are two or more of X’s brothers or sisters.
-1/3 of the remainder after deducting the share of X’s husband or wife in cases where the heirs include both X’s father and the husband or wife, but no inheriting descendant.
-1/3 of the estate when none of the abovementioned heirs exists.
-The mother’s share is not eliminated by anyone.)
X’s mother:
1. receives one-third of the estate when all three of the following are the case:
a) X has no child (male or female) who may inherit, nor does X’s son;
b) X does not have two or more brothers or sisters, whether full brothers or sisters, or half brothers or sisters from either parent;
c) and the heirs do not include X’s husband and X’s two parents, or X’s wife and two parents (of which X’s mother is one);
2. she receives one-sixth of the estate when (non-(a) above) X has a child who may inherit, or when (non-(b» X has two or more brothers or sisters;
3. and she receives one-third of the remainder after deducting the share of X’s husband or wife when:
-(non-(c) above) the heirs include X’s husband and two parents, in which case she receives one-third of the remainder after X’s husband receives his share of one-half, meaning she receives a sixth of the estate, as that is a third of the remainder, and X’s father receives the rest:
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(*common denominator of 112 and 1/6) or (non-(c) above) when the heirs include X’s wife and two parents, in which case she receives one-third of the remainder after X’s wife receives her share of one-fourth, meaning that the mother receives one-fourth of the estate, as that is a third of the remainder, and the father receives the rest:
(A summary of X’s daughter’s share:
-1/2 if there are no other of X’s sons or daughters (whether full or half brothers or sisters to her).
-2/3 for her to share equally (if there are no sons) with other daughters, if any.
-She is co-universal heir with X’s son(s) if existent, meaning that they jointly constitute the universal heir, dividing this share so that each male receives twice the amount of each female (since men are obliged to support women in Islam and not vice versa).
-The daughter’s share is not eliminated by anyone.)
1. X’s sale daughter (who is without a co-universal heir such as her brother, and without someone else on her own level, such as her sister) receives half of the estate.
2. Two or more daughters jointly receive two-thirds.
(It is important to remember for the persons named in the following rulings that the share of any of them who is related to X through an inheriting heir is eliminated by the existence of that heir, except for X’s half-brother from the same mother, whose share is not eliminated by the mother’s existence.)
(A summary of the share of X’s son’s daughter:
-Her share is eliminated if X’s son exists (an example of the above rule).
-112 if X has no daughter, son’s son, or any other daughter of a son.
-2/3 for her to share equally with the other daughters of X’ s son(s), if X has no daughter(s) or son’s sones).
-116 when there is a sole daughter.
-She is co-universal heir with X’s son’s son(s) (in the absence of X’s daughter, dividing this share so that each male receives twice the share of each female).
-Her share is eliminated when X has two or more daughters.)
When X’s sole daughter exists, X’s son’s daughter(s) (if there are more than one, they share) receives one-sixth of the estate, which with the sole daughter’s share of one-half, makes two-thirds (which is the maximum that may go to the category of daughters)
(A summary of the share of X’s full sister:
-112 if there are no other full brothers or sisters.
-2/3 for her to share equally with other full sisters.
-She is co-universal heir with full brother(s) if any, each male receiving twice the share of each female.
-She is universal heir through X’s daughter(s).
-Her share is eliminated if X’s father or X’s son exists.)
1. X’s sole full sister (meaning no other full brothers or sisters exist) receives one-half of the estate.
2. Two or more such sisters (when there are no full brothers) jointly receive two-thirds.
(A summary of the share of X’s half-sister from the same father:
-112 in the absence of X’s full brother, full sister other half-sister from the same father, and half-brother from the same father.
-213 for her to share equally with other half-sisters) from the same father, when there are no full brothers or sisters, and no half-brothers from the same father.
-1/6 when there is X’s sole full sister.
–She is universal heir through X’s daughters or X’s son’s daughters, provided there are no full brothers or sisters, or half-brothers from the same father.
–She is co-universal heir with X’s half-brother(s) from the same father, the male receiving twice the share of each female.
-Her share is eliminated if X’s father or son exists.)
1. X’s sole half-sister from the same father receives one-half of the estate.
2. Two or more such paternal half-sisters jointly receive two-thirds.
3. When such a half-sister, or two or more, exists with X’s sole full sister, then the half-sister(s) (jointly, if more than one) receives one-sixth, which, with the half that goes to the full sister, makes two-thirds.
X’s full sister(s) is universal heir through X’s daughter(s). If X has no full sisters, X’s half-sisters by the same father are the estate’s universal heirs through X’s daughter(s) (UOA).
An example of the former is when the heirs are X’s daughter and full sister. The daughter receives one-half, and the sister receives the rest (as universal heir):
Another example is when there are X’s two daughters, a full sister, and a paternal half-sister, in which case the two daughters jointly receive two-thirds, and the full sister receives the rest (as universal heir), while the paternal half-sister’s share is eliminated (by the full sister’s universal heirship):
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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