MirathميراثFRENع

Inheritance: paternal grandfather, 2 full brothers, wife

Worked out under the Maliki school, with an example of F CFA 10,000,000. The fractions hold whatever the amount.

Redo it with your figures

Division of the estate of a man

Maliki school · Net to divide: F CFA 10,000,000

HeirShareParts%Amount
WifeFixed share125%F CFA 2,500,000
Paternal grandfatherResiduary125%F CFA 2,500,000
2 full brothersResiduary250%F CFA 5,000,000F CFA 2,500,000 each
Total14100%F CFA 10,000,000
Base of the case (asl al-mas'ala)4Final base (after correction)4

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

Breakdown

  • 2 full brothers50%
  • Wife25%
  • Paternal grandfather25%

Step-by-step explanation

In the order a scholar would set it out: who is excluded, then each share, then the final adjustment.

  1. Special caseThe grandfather with siblings

    Zayd ibn Thabit's doctrine, followed by Malikis, Shafi'is and Hanbalis: the grandfather takes the best of three options (sharing, a third of the remainder, a sixth of the whole).

    Zayd ibn Thabit, Muwatta Malik, Kitab al-Fara'idFamily Code art. 616Family Code art. 622
  2. Wife

    One quarter, as the deceased left no descendant. Several wives share it equally.

    Quran 4:12Family Code art. 609
  3. Paternal grandfather

    He shares with the siblings as if he were one of them (muqasama), which is his best option here.

    Zayd ibn Thabit, Muwatta Malik, Kitab al-Fara'idFamily Code art. 616Family Code art. 622Family Code art. 621
  4. 2 full brothers

    They share with the grandfather: two parts per brother, one per sister.

    Zayd ibn Thabit, Muwatta Malik, Kitab al-Fara'idFamily Code art. 579Family Code art. 621
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ

Quran 4:12 · "For you is half of what your wives leave if they have no child…" Shares of spouses and maternal siblings.

For information only. Have it checked by a notary or a qualified scholar. This assumes no heir is missing, unborn or under an impediment.

Other situations