Full siblings exclude paternal siblings
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Question: His Eminence the Shaykh / Abdul Aziz ibn Baz (may Allah preserve him)
Peace be upon you, and Allah's mercy and blessings. As for what follows:
I am writing to you this petition, which concerns a fatwa, which is as follows:
A man died leaving behind a wife and two brothers: one is a full brother, and the other is a paternal brother only, and two sisters: a full sister, and a paternal sister.
The share or inheritance was given to the full brother and the full sister, and the paternal brother and his sister were not given anything of the inheritance. So what is your Eminence's fatwa in this matter? May you be rewarded, and may Allah guide you to serve His purified Shari'ah. Peace be upon you and Allah's mercy and blessings.
And upon you be peace, and Allah’s mercy and blessings, after that:
If the reality is as you mentioned in the question, which is that the deceased died leaving behind: a wife, a full brother, a full sister, a paternal brother, and a paternal sister, then the inheritance belongs to the wife, the full brother, and the full sister, provided that their religion is one, which is Islam, or its opposite. As for the paternal brother and the paternal sister, they have no share in the inheritance; because the full brother and the full sister exclude them by consensus; because they are closer relatives than them.
And the wife is given only the quarter, which is one share out of four equal shares, and the remaining three shares are for the full brother and the full sister; the full brother gets two shares, and the full sister gets one share; due to the saying of Allah (Glorified and Exalted is He) : [Surat al-Nisa: 176], the verse at the end of Surat al-Nisa. May Allah guide them all. Peace be upon you and Allah's mercy and blessings.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
I am writing to you this petition, which concerns a fatwa, which is as follows:
A man died leaving behind a wife and two brothers: one is a full brother, and the other is a paternal brother only, and two sisters: a full sister, and a paternal sister.
The share or inheritance was given to the full brother and the full sister, and the paternal brother and his sister were not given anything of the inheritance. So what is your Eminence's fatwa in this matter? May you be rewarded, and may Allah guide you to serve His purified Shari'ah. Peace be upon you and Allah's mercy and blessings.
And upon you be peace, and Allah’s mercy and blessings, after that:
If the reality is as you mentioned in the question, which is that the deceased died leaving behind: a wife, a full brother, a full sister, a paternal brother, and a paternal sister, then the inheritance belongs to the wife, the full brother, and the full sister, provided that their religion is one, which is Islam, or its opposite. As for the paternal brother and the paternal sister, they have no share in the inheritance; because the full brother and the full sister exclude them by consensus; because they are closer relatives than them.
And the wife is given only the quarter, which is one share out of four equal shares, and the remaining three shares are for the full brother and the full sister; the full brother gets two shares, and the full sister gets one share; due to the saying of Allah (Glorified and Exalted is He) :
If there are both brothers and sisters, the male will have the share of two females.
وَإِن كَانُواْ إِخْوَةً رِّجَالًا وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.