Inheritance of a full brother alongside maternal brothers
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Question:
His second question says: I have a full sister, and she has passed away, leaving no children. We have maternal brothers, and I am her full brother. They have excluded me from the inheritance, and the maternal brothers said: "We are the ones who are entitled to her estate." I am her full brother, yet they have prevented me from it. Do I have any right with them or not?
Please inform me, may Allah reward you.
Answer:
It seems the questioner has concealed something.
The presenter: Allah knows best.
The Shaykh: It seems the questioner has concealed something. If the deceased left a husband, and a mother or grandmother, and maternal brothers, then you have nothing; because the estate consists of six shares:
The husband gets half, which is three, and the mother or grandmother gets one sixth, which is one, and the maternal brothers get one third, completing the six. Nothing remains for you, and the asabah (agnatic heir) is excluded if nothing remains for him. The Prophet (peace and blessings be upon him) said:Sunan al-Bayhaqi 9:708 Its meaning is that if the prescribed shares do not leave anything, as in this case, he has nothing.
The presenter: But is not the full brother closer than the maternal brother?
The Shaykh: The maternal brother is a sharer (one with a fixed share), and the full brother is an asabah (agnatic heir). When the fixed shares are combined and nothing remains, the asabah is excluded in this case according to a group of scholars, and this is the stronger position.
Some said: by sharing, meaning that he shares with them; because he shares the mother with them. But this is a weak opinion; because he is an asabah, not a sharer. The Prophet (peace and blessings be upon him) said:Sahih Muslim 1615a And these are the prescribed shares. When we gave the husband half, and the mother or grandmother one sixth, and the maternal brothers one third, and Allah gave them one third by the explicit text of the Qur'an, nothing remains for the full brother, so he is excluded, just as if he were a paternal brother. This is the correct view based on this authentic hadith.
However, if the only heirs besides her are the maternal brothers, then it is not possible for you to be excluded. The maternal brothers are given one third, and the rest is for you. If the only heirs besides the sister are her maternal brothers, they are given one third and the rest is for the full brother. It is not possible for a mufti (scholar who issues fatwas) from among the scholars to issue a ruling excluding you. Or if she left a husband and maternal brothers, one of the six shares remains, which is given to the full brother. Or if she left a mother or grandmother and maternal brothers, then the mother is given one sixth, or the grandmother, and the brothers are given one third, and the rest is for him, which is half by agnatic inheritance. But the questioner perhaps concealed the truth to confuse the mufti who issued a ruling excluding him. The mufti who issued a ruling excluding him is correct, if the heirs are a husband, a mother or grandmother, and maternal brothers, then he has no right; because there is no money remaining after the fixed shares, as you heard the hadith regarding that.
The presenter: May Allah bless you.
His second question says: I have a full sister, and she has passed away, leaving no children. We have maternal brothers, and I am her full brother. They have excluded me from the inheritance, and the maternal brothers said: "We are the ones who are entitled to her estate." I am her full brother, yet they have prevented me from it. Do I have any right with them or not?
Please inform me, may Allah reward you.
Answer:
It seems the questioner has concealed something.
The presenter: Allah knows best.
The Shaykh: It seems the questioner has concealed something. If the deceased left a husband, and a mother or grandmother, and maternal brothers, then you have nothing; because the estate consists of six shares:
The husband gets half, which is three, and the mother or grandmother gets one sixth, which is one, and the maternal brothers get one third, completing the six. Nothing remains for you, and the asabah (agnatic heir) is excluded if nothing remains for him. The Prophet (peace and blessings be upon him) said:
Assign the prescribed shares to their rightful heirs, and whatever the prescribed shares leave over is for the nearest male relative.
ألحقوا الفرائض بأهلها، فما أبقت الفرائض فلأولى رجل ذكرThe presenter: But is not the full brother closer than the maternal brother?
The Shaykh: The maternal brother is a sharer (one with a fixed share), and the full brother is an asabah (agnatic heir). When the fixed shares are combined and nothing remains, the asabah is excluded in this case according to a group of scholars, and this is the stronger position.
Some said: by sharing, meaning that he shares with them; because he shares the mother with them. But this is a weak opinion; because he is an asabah, not a sharer. 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 ذكرHowever, if the only heirs besides her are the maternal brothers, then it is not possible for you to be excluded. The maternal brothers are given one third, and the rest is for you. If the only heirs besides the sister are her maternal brothers, they are given one third and the rest is for the full brother. It is not possible for a mufti (scholar who issues fatwas) from among the scholars to issue a ruling excluding you. Or if she left a husband and maternal brothers, one of the six shares remains, which is given to the full brother. Or if she left a mother or grandmother and maternal brothers, then the mother is given one sixth, or the grandmother, and the brothers are given one third, and the rest is for him, which is half by agnatic inheritance. But the questioner perhaps concealed the truth to confuse the mufti who issued a ruling excluding him. The mufti who issued a ruling excluding him is correct, if the heirs are a husband, a mother or grandmother, and maternal brothers, then he has no right; because there is no money remaining after the fixed shares, as you heard the hadith regarding that.
The presenter: May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.