Full paternal cousins block out paternal cousins on the father’s side
Machine translationRead the Arabic original
Question: A woman died, leaving behind the children of a half-brother and paternal cousins. Who inherits and who does not? And what is the share of each of them?
Answer: If the children of her brother who are present are children of a brother on the father’s side, they are the residuary heirs, and her paternal cousins have nothing. However, if they are children of a brother on the mother’s side only, they have nothing, because they are among the relatives by blood (dhawu al-aram), and the residuary inheritance belongs to her paternal cousins, if they are full paternal cousins or paternal cousins on the father’s side.
If some of them are full paternal cousins and others are paternal cousins on the father’s side, the residuary inheritance belongs to the full paternal cousins if they are in the same degree. If some of them are closer than others, the residuary inheritance belongs to the closer one only, and the more distant one has nothing, whether he is a full paternal cousin or a paternal cousin on the father’s side; based on the saying of the Prophet (peace and blessings be upon him):Musnad Ahmad 183[Hasan (Darussalam) Based on his saying (peace and blessings be upon him): Sahih Muslim 1615a
It is agreed upon as authentic. And the meaning of "awla" (nearest) is: closer. And success is from Allah.
Answer: If the children of her brother who are present are children of a brother on the father’s side, they are the residuary heirs, and her paternal cousins have nothing. However, if they are children of a brother on the mother’s side only, they have nothing, because they are among the relatives by blood (dhawu al-aram), and the residuary inheritance belongs to her paternal cousins, if they are full paternal cousins or paternal cousins on the father’s side.
If some of them are full paternal cousins and others are paternal cousins on the father’s side, the residuary inheritance belongs to the full paternal cousins if they are in the same degree. If some of them are closer than others, the residuary inheritance belongs to the closer one only, and the more distant one has nothing, whether he is a full paternal cousin or a paternal cousin on the father’s side; based on the saying of the Prophet (peace and blessings be upon him):
What the son or father acquires goes to his agnates, no matter who they are.
ما أحرز الولد أو الوالد فهو لعصبته من كانGive the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
ألحقوا الفرائض بأهلها، فما بقي فهو لأولى رجل ذكرIt is agreed upon as authentic. And the meaning of "awla" (nearest) is: closer. And success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.