If the fixed shares exhaust the estate, the residuary heirs receive nothing
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Question: A woman died, leaving behind a husband, two daughters, a mother, and two brothers?
Answer: The estate is divided into thirteen shares due to 'awl: three for the husband, eight for the two daughters, and two for the mother. As for the two brothers, they receive nothing; because they are residuary heirs and nothing remained for them, as the fixed shares exhausted the estate. The Prophet (peace and blessings be upon him) said:Sahih Muslim 1615a It is agreed upon that it is authentic. In this case, nothing remained for the residuary heir. May Allah send blessings and peace upon Muhammad, his family, and his Companions.
Answer: The estate is divided into thirteen shares due to 'awl: three for the husband, eight for the two daughters, and two for the mother. As for the two brothers, they receive nothing; because they are residuary heirs and nothing remained for them, as the fixed shares exhausted the estate. The Prophet (peace and blessings be upon him) said:
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.