The full brother's daughters do not inherit from the deceased uncle in the presence of males
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Question: A man passed away and he had no wife or offspring, but he had the children of a full brother who had died before him. Do the brother's children, both male and female, inherit from the deceased uncle?
Answer: If the situation is as the questioner described, then the entire inheritance goes to the full brother's sons, excluding the daughters, by the consensus of the Muslims. This is based on the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1615a It is agreed upon that it is authentic. This is also because the full brother's daughters are not among those with fixed shares or the residuary heirs, but rather among the relatives by blood, by the consensus of the scholars.
Answer: If the situation is as the questioner described, then the entire inheritance goes to the full brother's sons, excluding the daughters, 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
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.