Division of the estate of one who left behind a wife, two daughters, and a maternal brother
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Question:
From Sayyid al-Adani al-Hasan, a merchant in the Thursday market in the Kingdom of Morocco, a letter stating: I am a follower of your valuable program, which I listen to constantly, and I thank you most sincerely for this good initiative. I would like to direct the following question to you:
A man died and left behind a wife, two daughters, and a brother from the mother only. Does this brother inherit or not? And if he does inherit, what is the share of each of the heirs?
Knowing that the estate he left behind is from his personal wealth, I await your answer. May Allah reward you with good.
Answer:
The estate of this deceased is divided from twenty-four shares. The two daughters receive two-thirds, which is sixteen shares. The wife receives one-eighth, which is three shares. Five shares remain, which are given to the asabah (residuary heir) if the asabah is a paternal cousin, even if distant. The asabah is given the remainder. If he has no asabah, then it is returned to the two daughters according to the scholars.
As for the maternal brother, he does not inherit in the presence of a descending heir; because Allah (Exalted and Majestic is He) said in His great Book: [al-Nisa: 12]. And kalalah is one who has no child and no father, male. And this man has a child, namely the two daughters.
The point is: that the condition for the maternal brother is that the inheritance be kalalah, due to this noble verse, which is His saying, Exalted is He, in Surat al-Nisa: [al-Nisa: 12], meaning: for the mother [al-Nisa: 12].
And this deceased has daughters, so the case of kalalah does not apply. Thus, the maternal brother has no right in the inheritance, and the remainder after the wife and the two daughters belongs to the closest asabah. If he has no asabah, then the remainder is given to the two daughters, and their inheritance becomes by fixed share and return: sixteen by fixed share and five by return. This is the correct opinion and the one issued as a fatwa, and it is the opinion of the scholars in this matter due to the noble verse. Yes.
The presenter: May Allah reward you with good.
From Sayyid al-Adani al-Hasan, a merchant in the Thursday market in the Kingdom of Morocco, a letter stating: I am a follower of your valuable program, which I listen to constantly, and I thank you most sincerely for this good initiative. I would like to direct the following question to you:
A man died and left behind a wife, two daughters, and a brother from the mother only. Does this brother inherit or not? And if he does inherit, what is the share of each of the heirs?
Knowing that the estate he left behind is from his personal wealth, I await your answer. May Allah reward you with good.
Answer:
The estate of this deceased is divided from twenty-four shares. The two daughters receive two-thirds, which is sixteen shares. The wife receives one-eighth, which is three shares. Five shares remain, which are given to the asabah (residuary heir) if the asabah is a paternal cousin, even if distant. The asabah is given the remainder. If he has no asabah, then it is returned to the two daughters according to the scholars.
As for the maternal brother, he does not inherit in the presence of a descending heir; because Allah (Exalted and Majestic is He) said in His great Book:
And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third
وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِThe point is: that the condition for the maternal brother is that the inheritance be kalalah, due to this noble verse, which is His saying, Exalted is He, in Surat al-Nisa:
And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister
وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌthen for each one of them is a sixth. But if they are more than two, they share a third
فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِAnd this deceased has daughters, so the case of kalalah does not apply. Thus, the maternal brother has no right in the inheritance, and the remainder after the wife and the two daughters belongs to the closest asabah. If he has no asabah, then the remainder is given to the two daughters, and their inheritance becomes by fixed share and return: sixteen by fixed share and five by return. This is the correct opinion and the one issued as a fatwa, and it is the opinion of the scholars in this matter due to the noble verse. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.