The Ruling on the Husband When He Is a Paternal Uncle

The questioner:
Honorable Shaykh, in the chapter on residual heirs, have you not considered a case involving a husband and others, and have you not found it strange?

The Shaykh:
Yes, there are many such cases. Residual heirs do not fall into less than two situations: the first is that none of the spouses is present, and the second is that one of the spouses is present. Each situation has its own specific calculation, which they have mentioned. The spouse who is present is given his or her fixed share, only his or her fixed share, and nothing is added to it. The remainder is then distributed to the residual heirs according to their shares.

The questioner:
And is the husband considered a residual heir if the death was intentional?

The Shaykh:
If he is a paternal uncle, he becomes a residual heir. If he is a paternal uncle, he becomes a residual heir and takes the remainder by right of residuary inheritance. Yes. And Allah the Exalted knows best, and may Allah send prayers and blessings upon our Prophet Muhammad and upon his family and his Companions.