If the husband is the wife’s paternal cousin, does he inherit as a residuary heir, or is the residue returned to him?
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if the husband is the wife’s paternal cousin.
The Shaykh:
This is kinship; this combines the relationship of in-laws with blood kinship, so he becomes one of her residuary heirs. If he is her paternal cousin, he is among her residuary heirs. Yes.
The questioner:
He says: So does he inherit here as a residuary heir, or is the residue returned to him?
The Shaykh:
He inherits as a residuary heir, her paternal cousin. Yes, if there is no one closer to her than he is, he inherits from her by fixed share and as a residuary heir. By fixed share through the marriage, and as a residuary heir because he is her paternal cousin, and there is no one closer to her than he is. Yes.
He says: Honorable Shaykh, may Allah grant you success, if the husband is the wife’s paternal cousin.
The Shaykh:
This is kinship; this combines the relationship of in-laws with blood kinship, so he becomes one of her residuary heirs. If he is her paternal cousin, he is among her residuary heirs. Yes.
The questioner:
He says: So does he inherit here as a residuary heir, or is the residue returned to him?
The Shaykh:
He inherits as a residuary heir, her paternal cousin. Yes, if there is no one closer to her than he is, he inherits from her by fixed share and as a residuary heir. By fixed share through the marriage, and as a residuary heir because he is her paternal cousin, and there is no one closer to her than he is. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1704 -2802] لو كان الزوج ابن عم للزوجة، فهل هنا يرث بالتعصيب أم يُرد عليه؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.