Distribution of the deceased's estate among the daughters, the paternal cousin, and the mother
Machine translationRead the Arabic original
The questioner:
A man passed away, leaving behind three daughters, and the inheritance was not divided among them. At that time, they had a paternal cousin's son, and he claims that he has a share in the deceased's estate. What is your opinion? May Allah reward you with good.
The Shaykh:
Yes, the daughters are entitled to two-thirds, as Allah the Exalted said:[An-Nisa 4:11] The remainder goes to the male agnatic heir (asabah). If there is no asabah closer than the one mentioned, who is the paternal cousin, then it belongs to the paternal cousin. However, if there is an asabah closer than him, such as a full brother, a brother on the father's side, a full paternal uncle, or a paternal uncle on the father's side, then it belongs to the closest asabah, based on the saying of the Messenger (peace and blessings be upon him): Yes.
The questioner:
May Allah reward you with good. At the end of his letter, Shaykh Salih mentions: Do they have a mother who is still alive?
The Shaykh:
The sixth currency, the sixth currency, and the two daughters [are entitled to] the two-thirds, and the remainder goes to the closest male agnatic heir, as we mentioned.
The questioner:
The mother of the daughters, do you mean Shaykh Salih, or are you asking?
The Shaykh:
Look.
The questioner:
The mother is present.
The Shaykh:
Of the deceased.
The questioner:
And if the mother of the daughters...
The Shaykh:
If the mother of the daughters was the wife of the deceased before his death and he did not divorce her, and he died while she was in his possession, then she is entitled to...
The presenter:
May Allah bless you, may Allah bless you.
A man passed away, leaving behind three daughters, and the inheritance was not divided among them. At that time, they had a paternal cousin's son, and he claims that he has a share in the deceased's estate. What is your opinion? May Allah reward you with good.
The Shaykh:
Yes, the daughters are entitled to two-thirds, as Allah the Exalted said:
But if there are [only] daughters, two or more, for them is two thirds of one's estate
فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَAssign the fixed shares to their rightful owners. As for what remains of the fixed shares, it belongs to the closest male relative.
أنشقوا الفرائض بأهلها، أما أبقت الفرائض فلأولى رجل ذكر.The questioner:
May Allah reward you with good. At the end of his letter, Shaykh Salih mentions: Do they have a mother who is still alive?
The Shaykh:
The sixth currency, the sixth currency, and the two daughters [are entitled to] the two-thirds, and the remainder goes to the closest male agnatic heir, as we mentioned.
The questioner:
The mother of the daughters, do you mean Shaykh Salih, or are you asking?
The Shaykh:
Look.
The questioner:
The mother is present.
The Shaykh:
Of the deceased.
The questioner:
And if the mother of the daughters...
The Shaykh:
If the mother of the daughters was the wife of the deceased before his death and he did not divorce her, and he died while she was in his possession, then she is entitled to...
The presenter:
May Allah bless you, may Allah bless you.
Source
قناة «العلامة الدكتور صالح الفوزان»، يسأل عن رجل توفي وله ثلاث بنات ولم يقسم بينهن الميراث وحينئذ كان لهم ابن ابن عم ويقول إن له في... — youtube.com
The Arabic text is a machine transcription of the audio recording.