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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The grandsons do not inherit alongside their uncles

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Question: A man died before his father, leaving behind children and brothers. After that, his father died. Do the children have the right to inherit from their grandfather, or not?

Answer: The sons of the sons have no inheritance alongside their uncles, the sons of the deceased, by the consensus of the Muslims. This is based on the saying of the Prophet (peace and blessings be upon him):
Give 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 ذكر
Sahih Muslim 1615a
It is agreed upon that it is authentic. And the meaning of His saying:
The closest male relativeأولى رجل ذكر
is the closest.
There is no doubt that the sons are closer to the deceased than the sons of the sons. However, if he bequeaths to them something up to one-third or less, there is no harm in that, provided the bequest is established by valid legal evidence.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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