Our father passed away, and he had a herd of camels, and we did not divide them among ourselves. Our paternal half-brother also passed away without taking his share of the inheritance.
Machine translationRead the Arabic original
Fatwa number ( 20681 )
Q: I submit this petition to you, in which I inform you that we are a group of full siblings, and we have a brother from our father who is not from our mother. He is unmarried and has no children. His mother was divorced by our father, and she has children from a second man. Our father passed away, and he had a herd of camels, and we did not divide them among ourselves. Our paternal half-brother passed away without taking his share of the inheritance. Does his mother and his siblings from his mother inherit from his share of his father's inheritance? And do we inherit from his right in his mother's wealth? Please issue a ruling, may Allah preserve you.
A: After dividing your father's estate according to the list of heirs in the inheritance certificate, and after determining your brother's share from his father, that share is added to whatever wealth or real estate he left behind and is divided among the heirs mentioned in the attached list of heirs certificate; namely, his mother, his siblings from his father, and his siblings from his mother. The mother receives one-sixth, and his siblings from his mother receive one-third, divided equally among them. His siblings from his father receive the remainder as residuary heirs; the male receives the share of two females. His siblings from his father have no right to his mother's wealth, because their brother died before their mother, so they inherited from him, and he did not inherit from her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I submit this petition to you, in which I inform you that we are a group of full siblings, and we have a brother from our father who is not from our mother. He is unmarried and has no children. His mother was divorced by our father, and she has children from a second man. Our father passed away, and he had a herd of camels, and we did not divide them among ourselves. Our paternal half-brother passed away without taking his share of the inheritance. Does his mother and his siblings from his mother inherit from his share of his father's inheritance? And do we inherit from his right in his mother's wealth? Please issue a ruling, may Allah preserve you.
A: After dividing your father's estate according to the list of heirs in the inheritance certificate, and after determining your brother's share from his father, that share is added to whatever wealth or real estate he left behind and is divided among the heirs mentioned in the attached list of heirs certificate; namely, his mother, his siblings from his father, and his siblings from his mother. The mother receives one-sixth, and his siblings from his mother receive one-third, divided equally among them. His siblings from his father receive the remainder as residuary heirs; the male receives the share of two females. His siblings from his father have no right to his mother's wealth, because their brother died before their mother, so they inherited from him, and he did not inherit from her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.