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Assabile

The husband’s share of his wife’s estate

The husband receives half of what his wife leaves if she has no child, and a quarter if she has one. He is never excluded.

Share according to the family

Calculated by the same engine as the calculator, in the majority view.

  • With a brother, no childrenA woman dies leaving her husband and a full brother. 12 See the calculation
  • With a sonA woman dies leaving her husband and her son. 14 See the calculation
  • With a son’s daughter and a brotherA woman dies leaving her husband, a son’s daughter and a full brother. 14 See the calculation
  • With the mother and a sister: the shares exceed the estateA woman dies leaving her husband, her mother and a full sister. 38 See the calculation

This share is set by verse 12 of Surah An-Nisa (text and translation below): one half without a child, one quarter with a child, after any bequest has been carried out and debts paid.

The “child” that reduces his share to a quarter is any inheriting descendant of the wife: a son, a daughter, a son’s child (even from another marriage). A daughter’s children do not have this effect.

The husband inherits if the marriage existed at the time of death, even if it was not consummated. He also inherits if his wife dies during the waiting period of a revocable divorce.

In the classical view of the four schools he has no share in the remainder (radd): if he is the only heir, he receives one half and the rest goes to the public treasury, except according to some later Hanafis and certain national laws, which give it to him.

The verse that sets this share

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.

Tuesday, October 13, 2026 2 جمادى الأولى 1448 هـ