What is the Shari'ah division of the inheritance of a deceased man who left a wife, two sons, and three daughters, where the wife has a son and a daughter from another husband, and then one of his sons died before the inheritance was distributed?
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The Shaykh : Yes?
The questioner : O Shaykh, a man died leaving three daughters, two sons, and a wife. The wife has a son and a daughter from another husband. Then one of his sons died before the inheritance was distributed. Do the heirs from the mother’s side lose their right?
The Shaykh : First: the wife’s children who are not from his lineage have no share in the inheritance. The inheritance belongs only to the sons who are from his lineage. As for his son who died, if he had heirs, such as sons and a wife, then his inheritance belongs to them. If he had no sons and his brothers were the closest people to him, then it belongs to them.
The questioner : But do his brothers from the mother’s side lose their right, or not?
The Shaykh : Brothers from the mother’s side have no share when there are sons present.
The questioner : They did not distribute the inheritance when the father died.
The Shaykh : Write this on a paper and bring it to me in the afternoon, if Allah wills, or tomorrow.
The questioner : I cannot do it tomorrow because I am coming from Riyadh.
The Shaykh : Riyadh has more scholars than Unayzah.
The questioner : O Shaykh, a man died leaving three daughters, two sons, and a wife. The wife has a son and a daughter from another husband. Then one of his sons died before the inheritance was distributed. Do the heirs from the mother’s side lose their right?
The Shaykh : First: the wife’s children who are not from his lineage have no share in the inheritance. The inheritance belongs only to the sons who are from his lineage. As for his son who died, if he had heirs, such as sons and a wife, then his inheritance belongs to them. If he had no sons and his brothers were the closest people to him, then it belongs to them.
The questioner : But do his brothers from the mother’s side lose their right, or not?
The Shaykh : Brothers from the mother’s side have no share when there are sons present.
The questioner : They did not distribute the inheritance when the father died.
The Shaykh : Write this on a paper and bring it to me in the afternoon, if Allah wills, or tomorrow.
The questioner : I cannot do it tomorrow because I am coming from Riyadh.
The Shaykh : Riyadh has more scholars than Unayzah.