A deceased person leaves behind a mother, two uterine brothers, and a paternal uncle. The mother receives one-sixth because of the presence of the two brothers. This is one of the remarkable points in the law of inheritance: the two uterine brothers are related through the mother, yet they reduce her share; moreover, this intermediary—the mother—does not exclude them. The rule in inheritance is that whoever is connected through an intermediary is excluded by that intermediary, except for uterine siblings. The paternal grandmother, however, is excluded when the father is present.
His statement, “One-sixth with a husband and both parents, one-quarter with a wife and both parents, and the father receives twice these shares”: This wording is incorrect, and it is an immense imprecision on the author’s part—may Allah have mercy on him—for neither the Quran nor the Sunnah states that the mother ever receives one-quarter. The mother receives either one-third or one-sixth; this is what is stated in the Quran. The correct wording is: “One-third of the remainder with a husband and father, or with a wife and father.”
An example of the first case: if she is accompanied by a husband and a father, the estate is divided into six shares. The husband receives one-half, three shares, because there is no inheriting descendant. Three shares remain; she receives one-third of the remainder, one share, and the rest goes to the father. In actual terms, one-third of the remainder here amounts to one-sixth. The author said, “one-sixth,” but we do not agree with this wording; rather, we say: one-third of the remainder.
An example of the second case: if a husband dies leaving behind his wife, mother, and father, the estate is divided into four shares. The wife receives one-quarter, one share, because there is no inheriting descendant. The mother receives one-third of the remainder, one share, which in actual terms amounts to one-quarter. Yet we do not describe it as one-quarter, because Allah did not describe it as such for her. The remainder goes to the father.
Thus, the mother’s inheritance is either one-third—meaning one-third of the entire estate—or one-sixth, or one-third of the remainder, in only two cases: a husband, mother, and father, or