The spouse's share: what do husband and wife inherit?

The husband

The husband takes the half of his wife's estate under one condition: that she leaves neither a child nor a son of a son, whether the child is from him or from another marriage, even from an illicit relation (agreement of the scholars). With a child or a son of a son, he takes the quarter: "if they have a child, you get the quarter of what they leave" (sura an-Nisa 12 ; Ibn al-Mundhir: agreement of the scholars).

The wife and the wives

The wife or the wives take the eighth if the deceased leaves a child or a son of a son, male or female (agreement of the scholars; sura an-Nisa 12); the four wives together have the share of one. Without descendant, the wife takes the quarter and the husband the half, the two shares fixed by the same verse of sura an-Nisa 12.

The spouse is never excluded

No child excludes the spouse: the child only reduces his share. The spouse inherits with all the other heirs, and belongs to the five who coexist in the broadest questions: the two parents, the son, the daughter, and one of the two spouses.

The spouse in the examples

The faraid books recall two classic examples: with a wife, mother, grandfather and german sister, the mass rises from nine to twenty-seven and the wife takes the quarter; with a husband, mother, grandfather and sister, the mass also passes by the aoul and the husband keeps the relative half (nine shares of twenty-seven). The detailed calculations appear in the division books together with the grandfather.

Practical note

For the spouse, three landmarks: descendant or not, presence of other heirs, then calculation: half or quarter for the husband, quarter or eighth for the wife; the share is taken before dividing the residue.