He died leaving a wife, a sister, and a paternal cousin
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Question: The honorable Shaykh / Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him).
Peace be upon you and Allah's mercy and blessings.
I inform your eminence that the aforementioned N. M. A. passed away, leaving behind his sister, his wife, and his paternal cousin. Since his paternal cousin is my father’s maternal sister, and the deceased has no other heir who is a male agnate (asabah) besides her, I ask your eminence to inform me whether the deceased’s paternal cousin has a share in the inheritance or not? Please note that the deceased’s sister passed away approximately three months after his death.
I request that the fatwa be written and certified by your eminence. May Allah reward you, and we ask Him not to deprive you of reward and recompense. Peace be upon you, and Allah’s mercy and blessings.
And upon you be peace, and Allah’s mercy and blessings, after that:
If the situation is as the questioner described, namely that the aforementioned person died leaving behind his wife, his sister, and his paternal cousin, then the estate is divided into four parts: the wife receives one quarter, and the remainder goes to the sister, whether she is a full sister, a paternal half-sister, or a maternal half-sister, by fixed share or by return (radd), provided the deceased has no male agnate (asabah) as you mentioned in the question. As for his paternal cousin, she has no share; because she is not among the male agnates (asabah). And peace.
Peace be upon you and Allah's mercy and blessings.
I inform your eminence that the aforementioned N. M. A. passed away, leaving behind his sister, his wife, and his paternal cousin. Since his paternal cousin is my father’s maternal sister, and the deceased has no other heir who is a male agnate (asabah) besides her, I ask your eminence to inform me whether the deceased’s paternal cousin has a share in the inheritance or not? Please note that the deceased’s sister passed away approximately three months after his death.
I request that the fatwa be written and certified by your eminence. May Allah reward you, and we ask Him not to deprive you of reward and recompense. Peace be upon you, and Allah’s mercy and blessings.
And upon you be peace, and Allah’s mercy and blessings, after that:
If the situation is as the questioner described, namely that the aforementioned person died leaving behind his wife, his sister, and his paternal cousin, then the estate is divided into four parts: the wife receives one quarter, and the remainder goes to the sister, whether she is a full sister, a paternal half-sister, or a maternal half-sister, by fixed share or by return (radd), provided the deceased has no male agnate (asabah) as you mentioned in the question. As for his paternal cousin, she has no share; because she is not among the male agnates (asabah). And peace.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
