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What a husband and a wife inherit

A husband takes one half where his wife left no child and one quarter where she did; a wife takes one quarter where her husband left no child and one eighth where he did. Ibn Qudama records this as the consensus of the scholars, and adds that co-widows share the one fraction between them however many there are.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Where the four schools stand

Researched — the four schools agree

Agreed. The surviving husband takes one half of his wife’s estate if she left no child or son’s child, and one quarter if she did. The surviving wife takes one quarter if her husband left no child or son’s child, and one eighth if he did. Where a man leaves more than one widow, they divide that single quarter or eighth between them — Ibn Qudama puts it as “one or four, it is the same”. He records the whole of this as the consensus of the people of knowledge, and Ibn Rushd likewise opens with “the jurists agreed”; both treat Surah an-Nisa 4:12 as settling it outright. Two features of the spouse’s share follow from the same verse and are worth stating: nothing but a child or a son’s child can reduce it, and nothing can exclude a spouse altogether — a husband or wife is never shut out by another heir. We checked this point; the schools do not differ on it.

Shared evidence: Surah an-Nisa 4:12 — the half, the quarter and the eighth, stated expressly.

Not covered by this finding: how a spouse’s Qur’anic fraction interacts with Canadian matrimonial property law — an equalisation payment or a spousal election is a claim against the estate before the shares are worked out, not a share in it — and whether a surviving spouse takes anything in the surplus where no other heir exists (see radd-spouse) — not yet researched school by school. Treat that as open and ask a scholar of your school.

Researched finding from our madhhab register — issue spouse-share, reviewed 2026-08-19.

Full evidence and history: What a husband and a wife inherit — the issue page.

Questions that turn on this

Every answer below renders its madhhab position from this one entry, so the positions cannot drift apart between pages.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position.

Islamic primary sources
  1. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
Classical fiqh works
  1. al-Mughni, Kitab al-Fara’id — the mother’s three positions (mas’ala 4825), the father’s three (4826), the two ‘Umariyyatan (4830) and the residuary composition rule (fasl 4824) — Ibn Qudama al-Maqdisi (d. 620 AH)
  2. al-Mughni (Maktabat al-Qahira edition) — full Arabic text — Ibn Qudama al-Maqdisi (d. 620 AH)
  3. Bidayat al-Mujtahid wa Nihayat al-Muqtasid, vol. 2 — Book of Wasaya (bequests) and Book of Fara’id (inheritance), trans. Imran Ahsan Khan Nyazee — Ibn Rushd (Averroes, d. 595 AH)
  4. al-Mawsu‘a al-Fiqhiyya al-Kuwaitiyya (Kuwaiti Encyclopaedia of Islamic Jurisprudence, 45 vols) — Ministry of Awqaf and Islamic Affairs, Kuwait