Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

A man died leaving two daughters and a brother's son; how is the estate divided?

Machine translationRead the Arabic original
Question:
May Allah reward you with good, Honorable Shaykh. He has a second question: He says, my grandfather has passed away, and he had land. He had two daughters, my mother and my aunt, and no sons. His brother's son took this land and told them, "You have no right to it." Please rule on this, and may you be rewarded.

Answer:
If the situation is as described, then the two daughters receive two-thirds, and the son of his brother receives the remainder as an 'asabah (residuary heir); he has nothing but the remainder, and the two-thirds belong to the two daughters. His saying, the Exalted, meaning
But if there are [only] daughtersفَإِن كُنَّ نِسَاءً
[An-Nisa 4:11]
or Q
Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.اثْنَتَيْنِ
[An-Nisa 4:11]
, refers to the daughters
for them is two thirds of one's estateفَلَهُنَّ ثُلُثَا مَا تَرَكَ
[An-Nisa 4:11]
, meaning if they are more than two, i.e., two; if they are two. The word "more than" (fuq) has no legal implication, as the exegetes have established. So if the daughters are two or more, they receive two-thirds, just like the two sisters. He, Glorified and Exalted is He, said regarding the two sisters:
But if there are two sisters [or more], they will have two-thirdsفَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ
[An-Nisa 4:176]
If the two sisters take two-thirds, then the two daughters are all the more entitled to it. Thus, the word "more than" has no legal implication, or perhaps, and Allah knows best, the meaning is that they have no right to more than two-thirds, even if the number increases beyond two, whether it increases to more than ten or twenty. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 6058- توفي شخص وترك بنتين وابن أخ فكيف تقسم التركة - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa