The Scope of Exclusion for Residuary Heirs and Fixed-Share Heirs
Machine translationRead the Arabic original
Question:
I say, Honorable Shaykh, may Allah make you truthful, does exclusion apply only to the residuary heirs, or also to the fixed-share heirs?
Answer:
By total exclusion or by reduction, and it applies to the fixed-share heirs, either by total exclusion or by reduction. It applies to everyone, it applies to everyone, to the fixed-share heirs and the residuary heirs, by total exclusion or by reduction. The grandfather excludes the paternal uncle, even though the grandfather inherits one-sixth. The Messenger (peace and blessings be upon him) said: "Is there anyone who has left behind a daughter, a paternal uncle, and a grandfather?" The daughter gets one-half, and if there is a grandfather, he gets one-sixth as a fixed share, and the rest as a residuary share, and the paternal uncle, may Allah reward you, gets nothing.
I say, Honorable Shaykh, may Allah make you truthful, does exclusion apply only to the residuary heirs, or also to the fixed-share heirs?
Answer:
By total exclusion or by reduction, and it applies to the fixed-share heirs, either by total exclusion or by reduction. It applies to everyone, it applies to everyone, to the fixed-share heirs and the residuary heirs, by total exclusion or by reduction. The grandfather excludes the paternal uncle, even though the grandfather inherits one-sixth. The Messenger (peace and blessings be upon him) said: "Is there anyone who has left behind a daughter, a paternal uncle, and a grandfather?" The daughter gets one-half, and if there is a grandfather, he gets one-sixth as a fixed share, and the rest as a residuary share, and the paternal uncle, may Allah reward you, gets nothing.
Source
شرح زاد المستقنع [66] — alfawzan.live (1:01:59)
The Arabic text is a machine transcription of the audio recording.