Inheritance of the sons of a full brother in the presence of a paternal half-brother
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Fatwa number ( 2145 )
Q: My father’s full brother, named 'Abd al-Rahman ibn Muhammad ibn Ghamrah al-Asmari, passed away, and his inheritance was restricted to the sons of his two full brothers , namely 'A'idh ibn 'Ali ibn Muhammad ibn Ghamrah, Sa'd ibn 'Ali ibn Muhammad ibn Ghamrah, Ahmad ibn 'A'idh ibn Muhammad ibn Ghamrah, and Salim ibn 'A'idh ibn Muhammad ibn Ghamrah, and his paternal half-brother 'Abd Allah ibn Muhammad ibn Ghamrah. He has no heirs other than those mentioned. I ask you to issue a ruling: Do his remaining assets belong to us, his full brothers’ sons, or to his paternal half-brother? May Allah reward you with good.
A: If the situation is as described, then what 'Abd al-Rahman ibn Muhammad ibn Ghamrah left behind, after executing his lawful bequest and paying off his debts if any exist, belongs to his paternal half-brother 'Abd Allah ibn Muhammad ibn Ghamrah, and the sons of his brothers have no share; because they are excluded by their paternal uncle 'Abd Allah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father’s full brother, named 'Abd al-Rahman ibn Muhammad ibn Ghamrah al-Asmari, passed away, and his inheritance was restricted to the sons of his two full brothers , namely 'A'idh ibn 'Ali ibn Muhammad ibn Ghamrah, Sa'd ibn 'Ali ibn Muhammad ibn Ghamrah, Ahmad ibn 'A'idh ibn Muhammad ibn Ghamrah, and Salim ibn 'A'idh ibn Muhammad ibn Ghamrah, and his paternal half-brother 'Abd Allah ibn Muhammad ibn Ghamrah. He has no heirs other than those mentioned. I ask you to issue a ruling: Do his remaining assets belong to us, his full brothers’ sons, or to his paternal half-brother? May Allah reward you with good.
A: If the situation is as described, then what 'Abd al-Rahman ibn Muhammad ibn Ghamrah left behind, after executing his lawful bequest and paying off his debts if any exist, belongs to his paternal half-brother 'Abd Allah ibn Muhammad ibn Ghamrah, and the sons of his brothers have no share; because they are excluded by their paternal uncle 'Abd Allah. 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.