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Assabile

Pregnant widow: unborn child: dividing the inheritance

The division according to the majority view, with the basis of each share. Add the value of the estate to see the amounts, or edit the example to fit your family.

Inheritance result

A man dies leaving his wife, his father and his mother.

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Provisional division until the birth

The unborn child inherits if born alive. Meanwhile each heir receives the smallest share they would have under the school’s assumptions, and the rest is set aside until the birth.

Assumptions used: no child born alive, one or two boys, one or two girls, a boy and a girl (Hanbali view).

  1. The wife 19 11.11%
  2. The father 427 14.81%
  3. The mother 427 14.81%
  4. Share set asideSet aside for the unborn child, then divided according to the birth. 1627 59.26%

Shares under each assumption

HeirNo child born aliveOne boyOne girlTwo boysTwo girlsA boy and a girl
Wives 141818181918
Father 12165241642716
Mother 1416161642716
Sons 013240132401336
Daughters 0012016271372

Shares if the child is not born alive (or if the missing person is alive)

  1. The wife 14 25%
  2. The father 12 50%
  3. The mother 14 25%

Family tree

The father 12
The mother 14
The deceasedالمتوفى
The wife 14
Add amounts Optional: the amount of each share, calculated on your device.

These amounts never leave your device and are not included in the shared link.

Why these shares?

  • The wife14

    The wife receives one quarter (1/4): the deceased left no child and no son’s child.

    Surah An-Nisa, verse 12

  • The father12

    The father takes the remainder: twice the mother’s share (al-‘Umariyya).

    Hadith: Sahih al-Bukhari 6737

  • The mother14

    Al-‘Umariyya: the mother receives one third of what is left after the spouse’s share, so that the father has twice her share (ruling of ‘Umar, followed by the four schools).

    Surah An-Nisa, verse 11

The verses behind these shares

The text, its translation and explanation; listen to them recited.

Surah An-Nisa, verse 11

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِّنَ ٱللَّهِ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا ۝١١

11. Allāh instructs you concerning your children [i.e., their portions of inheritance]: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [and/or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allāh. Indeed, Allāh is ever Knowing and Wise.

Mahmoud Khalil Al-Hussary

Explanation of the verse

Allah instructs you in the matter of the inheritance of children that the inheritance should be divided between them. A son gets a share equal to the share of two daughters. If the person who died left daughters without a son, two daughters or more get two thirds of what is left. If there is just one daughter, she gets a half of what is left. For each of the parents of the person who has died, they get a sixth of what is left, if he has children. If he does not have children or any heir except for his parents, then the mother gets a third, and the father gets the rest. If the person who has died has two or more siblings, whether brothers, sisters, half-brothers, or half-sisters, then his mother gets a sixth as a share, and the father gets the rest – so the brothers and sisters are not given anything. This division of the inheritance is after the bequests of the will have been deducted, with the condition that the bequests in the will cannot be more than a third of the total wealth and debts have been repaid from the wealth. Allah has made the division of inheritance like this because you do not know whether your parents or your children are closer to you in benefit in this world and the next. For instance, a person may think well of someone and leave everything to them, or think badly of someone and not leave them anything, and they may be wrong in their opinion in both cases. Allah knows the reality of things and nothing is hidden from Him. For this reason, the division of inheritance is as He made clear, and He made it obligatory for His servants. Allah knows everything, and nothing is hidden from Him of what is good for His servants – He is Wise in His sacred law and administration.

Surah An-Nisa, verse 12

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ ٱللَّهِ وَٱللَّهُ عَلِيمٌ حَلِيمٌ ۝١٢

12. And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for them [i.e., the wives] is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allāh, and Allāh is Knowing and Forbearing.

Mahmoud Khalil Al-Hussary

Explanation of the verse

You have half of what your wives leave, if they have no child. If they have a child, whether it is your child or not, then you get a fourth of the wealth they leave, after any bequest they have made and the repayment of any debts they had. Wives get a quarter of what you leave, if you have no child, whether it is their child or not. If you have a child, then they get an eighth of what you leave, after any bequest you have made and the repayment of any debts you had. If someone dies without any parents or children to inherit from them, but they have a brother or sister from the same mother as them, then each of them gets a sixth. If they have more than one brother or sister from the same mother as them, then they share a third, with brothers and sisters receiving the same share – this is after any bequest that they leave and the repayment of any debts they had, with the condition that the bequest does not cause harm to any of the inheritors, such as it being more than a third of the total of the wealth. The rulings contained in the verses about inheritance law are an obligation on you, and Allah knows what is in the interests of His servants in this world and the Afterlife. He is forbearing, and not quick to punish.

Step-by-step calculation

  1. The fixed shares

    • The wife : 14 (one quarter)
    • The mother : 14 (one quarter)
  2. Base of the calculation: 4

    All shares are brought to the same denominator: the estate is divided into 4 equal parts (asl al-mas’ala).

  3. The remainder

    1/2 is left after the fixed shares. Heirs to the remainder (‘asaba): the father.

  4. Final base: 4 parts

    Each heir receives a whole number of parts out of 4.

    HeirShareParts out of 4Each
    The wife 14 1 1
    The father 12 2 2
    The mother 14 1 1
    Total14

According to the schools

The schools do not give the same division in this case:

Heir MajorityHanafiMalikiShafi‘iHanbali
The wife 14 14 14 14 14
The father 12 12 12 12 12
The mother 14 14 14 14 14

The highlighted column is the chosen school. Understand the differences between the schools

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