My parents are deceased, and I have only one brother who passed away several years ago. He has male children, whereas I have no sons, only four daughters, and I have no sons.
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The questioner : My father is deceased, as is my mother. I have only one brother, but he passed away several years ago. He has male children, whereas I have no sons, only four daughters, and I have no sons. Do my brother’s sons inherit along with my daughters after my death?
The Shaykh : First, this man is strange in that he does not know that perhaps his brother’s sons will die before him, in which case he would inherit from them because he is their paternal uncle. However, assuming he dies before them and he has no heirs other than his daughters, the daughters take their fixed share, which is two-thirds. The remainder goes to the residuary heirs. If his paternal uncle is present, it goes to his paternal uncle. If he is not present and the closest residuary heirs to him are his paternal cousins, then they take the remainder by virtue of being residuary heirs, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6737.
The Shaykh : First, this man is strange in that he does not know that perhaps his brother’s sons will die before him, in which case he would inherit from them because he is their paternal uncle. However, assuming he dies before them and he has no heirs other than his daughters, the daughters take their fixed share, which is two-thirds. The remainder goes to the residuary heirs. If his paternal uncle is present, it goes to his paternal uncle. If he is not present and the closest residuary heirs to him are his paternal cousins, then they take the remainder by virtue of being residuary heirs, based on the saying of the Prophet (peace and blessings be upon him):