Sisters with Daughters are Residuary Heirs
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Question: My cousin passed away, leaving behind: a wife, five daughters, and brothers who are all female (sisters). He left an estate consisting of land. How is the inheritance divided? Please note that we are his cousin’s children from both parents, and he also has cousins from his father’s side. Do we inherit?
Answer: The estate is divided into twenty-four shares: the wife receives one-eighth, which is three shares; the daughters receive two-thirds, which is sixteen shares, divided equally among them; and the remaining five shares go to the sisters, if they are full sisters, or paternal sisters, as residuary heirs. This is because sisters with daughters are residuary heirs if they are full sisters or paternal sisters. Even if some are full sisters and some are paternal sisters, the residuary share belongs to the full sisters, and the paternal sisters are excluded, because the full sisters are stronger in claim through both parents. Likewise, a paternal brother is excluded by a full brother.
As for the case where the sisters are only maternal sisters of the deceased, they are excluded by the daughters, and they have no inheritance alongside the daughters in any scenario. This is because a condition for the inheritance of maternal siblings is the absence of a descending heir and the absence of an ascending male heir. In this case, the remainder goes to the deceased’s full paternal cousins if they are in the same degree of kinship. If some are closer than others, the residuary share goes to the closest.
As for the paternal cousins, they are excluded by the full paternal cousins, because the latter are stronger in claim and closer to the deceased. 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. It is also authentic that he (peace and blessings be upon him) ruled in the case of a daughter, a daughter’s daughter, and a full sister: . Al-Bukhari narrated it in his Sahih. And success is from Allah.
Answer: The estate is divided into twenty-four shares: the wife receives one-eighth, which is three shares; the daughters receive two-thirds, which is sixteen shares, divided equally among them; and the remaining five shares go to the sisters, if they are full sisters, or paternal sisters, as residuary heirs. This is because sisters with daughters are residuary heirs if they are full sisters or paternal sisters. Even if some are full sisters and some are paternal sisters, the residuary share belongs to the full sisters, and the paternal sisters are excluded, because the full sisters are stronger in claim through both parents. Likewise, a paternal brother is excluded by a full brother.
As for the case where the sisters are only maternal sisters of the deceased, they are excluded by the daughters, and they have no inheritance alongside the daughters in any scenario. This is because a condition for the inheritance of maternal siblings is the absence of a descending heir and the absence of an ascending male heir. In this case, the remainder goes to the deceased’s full paternal cousins if they are in the same degree of kinship. If some are closer than others, the residuary share goes to the closest.
As for the paternal cousins, they are excluded by the full paternal cousins, because the latter are stronger in claim and closer to the deceased. 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 ذكرThe daughter receives one-half, the daughter’s daughter receives one-sixth to complete the two-thirds, and the remainder goes to the sister.
أن للبنت: النصف، ولبنت الابن: السدس تكملة الثلثين، والباقي للأخت
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.