The Effect of Blocked Brothers on the Mother’s Share

Question:
Honorable Shaykh, may Allah grant you success. If there are brothers in a case, and the mother is with them, but the brothers are blocked to the extent of being excluded from inheritance, do they affect the mother’s share?

Answer:
Yes, indeed. According to the majority, they block her, even if they are not heirs. Shaykh Kafi al-Din holds that they do not block her unless they inherit; if they do not inherit, they do not block her. This is the Shaykh’s choice, but the majority say they block her because of the generality of the statement of Allah the Exalted: So, if they have brothers, a sixth of the estate belongs to their mother. This is absolute; it was not limited to brothers who are heirs, so it was stated in general terms. This is the correct view. Yes.