The exclusion of the excluded brothers by the mother
Machine translationRead the Arabic original
The questioner:
I say: Honorable Shaykh, may Allah grant you success, if the brothers are in a case with the mother, may Allah forbid it.
The Shaykh:
The second.
The questioner:
If the brothers are in a case with the mother, but the brothers are excluded by total exclusion, do they affect the mother?
The Shaykh:
Yes, they exclude her according to the majority, even if they are not heirs, except for Shaykh Taqi al-Din, who holds that they do not exclude her unless they inherit; if they do not inherit, they do not exclude her. This is the Shaykh’s choice, but the majority say they exclude her due to the generality of the saying of Allah the Exalted:[An-Nisa 4:11] This is absolute and did not specify inheriting brothers, so the correct view is that this was stated absolutely. Yes.
I say: Honorable Shaykh, may Allah grant you success, if the brothers are in a case with the mother, may Allah forbid it.
The Shaykh:
The second.
The questioner:
If the brothers are in a case with the mother, but the brothers are excluded by total exclusion, do they affect the mother?
The Shaykh:
Yes, they exclude her according to the majority, even if they are not heirs, except for Shaykh Taqi al-Din, who holds that they do not exclude her unless they inherit; if they do not inherit, they do not exclude her. This is the Shaykh’s choice, but the majority say they exclude her due to the generality of the saying of Allah the Exalted:
And if he had brothers [or sisters], for his mother is a sixth
فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ
Source
شرح زاد المستقنع [65] — alfawzan.live (1:06:56)
The Arabic text is a machine transcription of the audio recording.