His second question states: We are five full brothers, and one of us has passed away, leaving behind two children. Our father was alive at the time of his death, and then our father passed away afterward, leaving behind
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The questioner : His second question states: We are five full brothers, and one of us has passed away, leaving behind two children. Our father was alive at the time of his death, and then our father passed away afterward, leaving behind wealth. Do the children of the deceased brother have a share in the estate or not?
The Shaykh : In this case, your father died leaving you four and the sons of your fifth brother.
The questioner : Yes.
The Shaykh : The sons of a son do not inherit alongside a male descendant who is of a higher degree than them; that is, the sons of a son do not inherit anything alongside their uncles. Accordingly, your father’s inheritance belongs to you alone, excluding the children of the deceased son.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : In this case, your father died leaving you four and the sons of your fifth brother.
The questioner : Yes.
The Shaykh : The sons of a son do not inherit alongside a male descendant who is of a higher degree than them; that is, the sons of a son do not inherit anything alongside their uncles. Accordingly, your father’s inheritance belongs to you alone, excluding the children of the deceased son.
The questioner : Yes.
The Shaykh : Yes.