The sister does not inherit in the presence of the deceased’s children

The Permanent Committee for Scholarly Research and Ifta

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Fatwa number ( 10389 )
Q: The invitee, Muhammad ibn Salem, has three sons and a daughter, and one of the sons passed away. Does the daughter inherit from her deceased brother from his mother and father? Knowing that her deceased brother has three sons and a daughter. Please issue a ruling, may Allah reward you.
A: If the matter is as stated, then the daughter does not inherit from her brother if he has male children; because they are asabah (residuary heirs) in their own right, who exclude other brothers and sisters from inheritance.
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.

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