A man has daughters and one son, and this son died. Do the paternal uncles' sons, as residuary heirs, have a right in the inheritance?
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The questioner : In his last question, he says: A man has daughters and one son, and this son died. Do the paternal uncles' sons, as residuary heirs, have a right in the inheritance?
The Shaykh : How does he say it?
The questioner : He says: A man has daughters and one son, and the son died. Do their paternal uncles' sons, as residuary heirs, have a right in the inheritance?
The Shaykh : As long as the father is present, no one has a right to residuary inheritance, ever.
The questioner : Yes.
The Shaykh : Unless it is the sons; the sons are prioritized over the fathers in residuary inheritance, because the categories of residuary heirs are five: fatherhood, then sonship, then brotherhood, then unclehood, then kinship through allegiance. No one has a right to residuary inheritance alongside someone who is above them in the same category. So if a person dies leaving his father and his son, his father gets one-sixth, and the residuary share goes to the son. If he dies leaving his father and his grandfather, the father gets the entire estate by residuary inheritance. If he dies leaving his father and his paternal uncle, the estate goes to the father, not the uncle, and so on. The point is, if this questioner is asking about the paternal uncles' sons inheriting alongside the father, his question has no basis, because it is impossible for the uncle, or his sons, or the brother, or his sons to inherit in the presence of the father.
The questioner : Very well. May Allah reward you.
The Shaykh : How does he say it?
The questioner : He says: A man has daughters and one son, and the son died. Do their paternal uncles' sons, as residuary heirs, have a right in the inheritance?
The Shaykh : As long as the father is present, no one has a right to residuary inheritance, ever.
The questioner : Yes.
The Shaykh : Unless it is the sons; the sons are prioritized over the fathers in residuary inheritance, because the categories of residuary heirs are five: fatherhood, then sonship, then brotherhood, then unclehood, then kinship through allegiance. No one has a right to residuary inheritance alongside someone who is above them in the same category. So if a person dies leaving his father and his son, his father gets one-sixth, and the residuary share goes to the son. If he dies leaving his father and his grandfather, the father gets the entire estate by residuary inheritance. If he dies leaving his father and his paternal uncle, the estate goes to the father, not the uncle, and so on. The point is, if this questioner is asking about the paternal uncles' sons inheriting alongside the father, his question has no basis, because it is impossible for the uncle, or his sons, or the brother, or his sons to inherit in the presence of the father.
The questioner : Very well. May Allah reward you.