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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The sister blocks the brother’s sons

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Question: A woman says: My mother passed away, leaving behind me and her sister from both parents, and three children: a brother from the father, a mother, and a sister to them. What is the ruling?

Answer: If the situation is as you described, then the estate left by your mother (may Allah have mercy on her) is to be divided between you and her sister in two equal shares, and the children of her brother have no share; because in this case, her sister blocks the brother’s sons. If your mother left a bequest, her bequest takes precedence over you and her sister, provided it is one-third or less in a lawful manner. If she had a confirmed debt, start by paying off her debt before the bequest, and before dividing the inheritance between you and her sister.
Source binbaz.org.sa

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

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