Inheritance of the sons and daughters of brothers and sisters
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Fatwa number ( 18660 )
Q: A man has passed away and he was eighty years old. He has no living parents, no wife, no children, no brothers, no sisters, etc. However, his brothers, after their deaths, left behind children, both sons and daughters, who are the children of his full brothers. One of the deceased man’s brothers left sons and daughters, while the other brother left only daughters. Thus, this deceased man had no relatives other than the children of his two deceased brothers, which includes both sons and daughters. In light of the foregoing, I would like you to clarify who is most entitled to the inheritance of this man. Is it to be divided among the sons and daughters of his two deceased brothers? Or is it obligatory to divide
his estate only among the male children of his two deceased brothers? I ask you, my master, to clarify this issue and answer it according to what Islamic sacred law dictates.
A: If the situation is as described, then this deceased man is inherited by the sons of his full brothers, not by the daughters of his brothers; based on the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1615a , and the meaning of (closer) is: nearer, and the daughters of the brothers have no share in the inheritance; due to the aforementioned hadith. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man has passed away and he was eighty years old. He has no living parents, no wife, no children, no brothers, no sisters, etc. However, his brothers, after their deaths, left behind children, both sons and daughters, who are the children of his full brothers. One of the deceased man’s brothers left sons and daughters, while the other brother left only daughters. Thus, this deceased man had no relatives other than the children of his two deceased brothers, which includes both sons and daughters. In light of the foregoing, I would like you to clarify who is most entitled to the inheritance of this man. Is it to be divided among the sons and daughters of his two deceased brothers? Or is it obligatory to divide
his estate only among the male children of his two deceased brothers? I ask you, my master, to clarify this issue and answer it according to what Islamic sacred law dictates.
A: If the situation is as described, then this deceased man is inherited by the sons of his full brothers, not by the daughters of his brothers; based on the saying of the Prophet (peace and blessings be upon him):
Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
ألحقوا الفرائض بأهلها، فما بقي فهو لأولى رجل ذكر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.