Chapter: The Mother’s Shares of Inheritance

The mother may find herself in three distinct situations:

1. One-sixth. She is entitled to one-sixth of the estate when either (a) a qualifying descendant exists—namely, the deceased’s children or grandchildren through a son—or (b) two or more siblings of the deceased are present. The proof is the Almighty’s statement: “For his parents, each of them shall receive one-sixth of what he leaves if he has a child … and if he has siblings, then his mother shall receive one-sixth” (Qur’an 4:11).

2. One-third. She receives one-third when there is no qualifying descendant (neither children nor grandchildren through sons) and she is not gathered with any brothers or sisters. Allah says: “If he has no child and his parents alone inherit from him, then his mother shall receive one-third; but if he has siblings, then his mother shall receive one-sixth” (Qur’an 4:11).

3. One-third of the residue. When the heirs are a husband, father, and mother—or a wife, father, and mother—the mother takes one-third of what remains after the spouse’s fixed share. These two cases are known as the ʿUmarīyyāt, because ʿUmar ibn al-Khaṭṭāb, may Allah be pleased with him, ruled that the mother is given a third of the remainder in both situations.