The Ruling on the Inheritance of a Paternal Aunt
Machine translationRead the Arabic original
The questioner:
In his second question, he says: My grandmother has passed away, and she had a nephew who died before her. Does she inherit from his share? It is known that he died without any heirs other than his children, and his paternal uncles, and his grandmother is in the first degree?
The Shaykh:
A paternal aunt has no inheritance from her nephew, nor from her niece’s son. A paternal aunt does not inherit, and a maternal aunt does not inherit. Rather, his inheritance goes to his 'asabah (residuary male heirs). If he dies and has 'asabah, such as a nephew on his father’s side, or a nephew on his father’s and mother’s side, then the 'asabah inherit from him. Or his paternal uncle on his father’s side, or his paternal uncle on his father’s side, or his cousins. These are the 'asabah. As for a nephew on his mother’s side, he does not inherit. A nephew on his mother’s side is not among the 'asabah. Likewise, a brother on his mother’s side is not among the 'asabah, but he has a fixed share. A brother on his mother’s side has one-sixth if he exists. As for a nephew on his mother’s side, he is not among the 'asabah. So the result is that a paternal aunt is not among the 'asabah, and she does not inherit from her nephew. Rather, his inheritance goes to the 'asabah, the men among his cousins, or the sons of his brother on his father’s and mother’s side, or the sons of his brother on his father’s side, or his paternal uncle on his father’s and mother’s side, or his paternal uncle on his father’s side, or the sons of his paternal uncles on his father’s and mother’s side, or the sons of his paternal uncles on his father’s side, or their 'asabah. Yes.
The questioner:
Meaning, this woman now does not inherit from her nephew.
The Shaykh:
No, no, no, no.
The questioner:
And he mentioned that he was a "qati' (severed)" meaning he had no [heirs].
The Shaykh:
Sound-minded.
The presenter:
Yes, he has children, yes. May Allah bless you and reward you with good.
In his second question, he says: My grandmother has passed away, and she had a nephew who died before her. Does she inherit from his share? It is known that he died without any heirs other than his children, and his paternal uncles, and his grandmother is in the first degree?
The Shaykh:
A paternal aunt has no inheritance from her nephew, nor from her niece’s son. A paternal aunt does not inherit, and a maternal aunt does not inherit. Rather, his inheritance goes to his 'asabah (residuary male heirs). If he dies and has 'asabah, such as a nephew on his father’s side, or a nephew on his father’s and mother’s side, then the 'asabah inherit from him. Or his paternal uncle on his father’s side, or his paternal uncle on his father’s side, or his cousins. These are the 'asabah. As for a nephew on his mother’s side, he does not inherit. A nephew on his mother’s side is not among the 'asabah. Likewise, a brother on his mother’s side is not among the 'asabah, but he has a fixed share. A brother on his mother’s side has one-sixth if he exists. As for a nephew on his mother’s side, he is not among the 'asabah. So the result is that a paternal aunt is not among the 'asabah, and she does not inherit from her nephew. Rather, his inheritance goes to the 'asabah, the men among his cousins, or the sons of his brother on his father’s and mother’s side, or the sons of his brother on his father’s side, or his paternal uncle on his father’s and mother’s side, or his paternal uncle on his father’s side, or the sons of his paternal uncles on his father’s and mother’s side, or the sons of his paternal uncles on his father’s side, or their 'asabah. Yes.
The questioner:
Meaning, this woman now does not inherit from her nephew.
The Shaykh:
No, no, no, no.
The questioner:
And he mentioned that he was a "qati' (severed)" meaning he had no [heirs].
The Shaykh:
Sound-minded.
The presenter:
Yes, he has children, yes. May Allah bless you and reward you with good.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 1475 - حكم إرث العمة - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.
