Inheritance of the Paternal Uncle
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Fatwa No. ( 6958 )
Q: Ahmad, Ibrahim, and Abdullah are three brothers from the father.
The brothers Ahmad and Abdullah passed away. Ahmad left behind one son named Ali, and Abdullah left behind children. After that, Ali had one son, then Ali passed away and his only son inherited from him. Then that only son of Ali passed away. So Ibrahim, who is the only one remaining of the three brothers, said: He is the only one, without all the sons of his brothers, who has the right to the inheritance of the son of his brother Ahmad’s son, basing this on the fact that he is the paternal uncle of his father from the father, Is this correct?
A: If the situation is as stated, and there is no heir to the deceased other than those mentioned, then Ibrahim, the paternal uncle of Ali, the father of the deceased, is more entitled to his inheritance than the children of Abdullah; because he is closer to him in lineage than they are, so he excludes them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Ahmad, Ibrahim, and Abdullah are three brothers from the father.
The brothers Ahmad and Abdullah passed away. Ahmad left behind one son named Ali, and Abdullah left behind children. After that, Ali had one son, then Ali passed away and his only son inherited from him. Then that only son of Ali passed away. So Ibrahim, who is the only one remaining of the three brothers, said: He is the only one, without all the sons of his brothers, who has the right to the inheritance of the son of his brother Ahmad’s son, basing this on the fact that he is the paternal uncle of his father from the father, Is this correct?
A: If the situation is as stated, and there is no heir to the deceased other than those mentioned, then Ibrahim, the paternal uncle of Ali, the father of the deceased, is more entitled to his inheritance than the children of Abdullah; because he is closer to him in lineage than they are, so he excludes them. 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.