The full sister or the paternal sister blocks the sons of the brothers
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Question: His Eminence the Shaykh / Abdul Aziz ibn Abdullah ibn Baz, the Grand Mufti of the Kingdom of Saudi Arabia -may Allah preserve him- Peace be upon you, and Allah's mercy and blessings. After that:
We ask you, may Allah reward you with good for Islam and the Muslims, to issue a ruling on the following division of inheritance: A man died and left behind a daughter, a full sister, a wife, the sons of a full brother, and the sons of paternal brothers. May Allah reward you and prolong your success, and peace be upon you, and Allah's mercy and blessings.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
If the situation is as you described, the estate is divided into eight equal shares: one share, which is one-eighth, goes to the wife; the daughter receives half, which is four shares; and the remainder goes to the full sister. The sons of the brothers receive nothing; because the full sister in this case and similar cases blocks the sons of the brothers, whether they are full brothers or paternal brothers. Likewise, the paternal sister in such a case blocks the sons of the brothers; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, and this is an exception to his saying (peace and blessings be upon him):Sahih al-Bukhari 6737. It is agreed upon that it is authentic. Peace be upon you, and Allah's mercy and blessings.
We ask you, may Allah reward you with good for Islam and the Muslims, to issue a ruling on the following division of inheritance: A man died and left behind a daughter, a full sister, a wife, the sons of a full brother, and the sons of paternal brothers. May Allah reward you and prolong your success, and peace be upon you, and Allah's mercy and blessings.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
If the situation is as you described, the estate is divided into eight equal shares: one share, which is one-eighth, goes to the wife; the daughter receives half, which is four shares; and the remainder goes to the full sister. The sons of the brothers receive nothing; because the full sister in this case and similar cases blocks the sons of the brothers, whether they are full brothers or paternal brothers. Likewise, the paternal sister in such a case blocks the sons of the brothers; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, and this is an exception to his saying (peace and blessings be upon him):
Give the Fara'id, (the shares prescribed in the Qur'an) to those who are entitled to receive it, and then whatever remains, should be given to the closest male relative of the deceased.
ألحقوا الفرائض بأهلها، فما بقي فلأولى رجل ذكر
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.