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Assabile

The mother’s share of her child’s estate

The mother receives one sixth if the deceased left a child, or at least two brothers and sisters; otherwise one third. With only the spouse and the father, she receives one third of the remainder.

Share according to the family

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

  • With a sonA man dies leaving his son and his mother. 16 See the calculation
  • No children, with the fatherA man dies leaving his father and his mother. 13 See the calculation
  • With the father and two brothers (excluded by the father)A man dies leaving his father, his mother and 2 full brothers. 16 See the calculation
  • With the husband and the father (al-‘Umariyya)A woman dies leaving her husband, her father and her mother. 16 See the calculation

Verse 11 of Surah An-Nisa gives the mother one third if the deceased has no child, and one sixth if he has a child or brothers (text and translation below).

The “brothers” who reduce the mother to one sixth are two or more brothers or sisters of any kind (full, paternal or maternal), even when they are themselves excluded by the father: this is the view of the four schools.

The mother is never excluded. She excludes all grandmothers.

In the two ‘Umariyya cases (husband, father and mother; wife, father and mother), ‘Umar ruled that the mother receives one third of what is left after the spouse’s share, so that the father has twice her share; the four schools followed him.

The verse that sets this share

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.

Wednesday, October 14, 2026 3 جمادى الأولى 1448 هـ