The Ruling on the Inheritance of a Daughter Along with Her Paternal Uncles from Her Grandfather
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Question:
A letter reached the program from the listener Samih Tariq, from Iraq. Samih asks a collection of questions, one of which says: My uncle passed away before my grandfather some time ago, and he left behind one daughter. After my grandfather died a long time later, the land owned by my grandfather was divided among my uncles. Does this daughter share in the portion of my uncle who died before my grandfather? And if the answer is no, by how much?
Answer:
She has no right in the inheritance if her father died before her grandfather. The right belongs to the living, the living sons, and the deceased has no right, the one who died before his father. Rather, the right belongs to the existing heirs, the sons and daughters, the male receiving the share of two females, as the Exalted said: [Al-Nisa: 11].
Except if her grandfather bequeathed to her something. If he bequeathed to her something from the money, or a shared portion like a quarter, or a fifth; there is no harm. But he does not have the right to bequeath more than one-third. If he bequeathed to her one-third, or less, or a specific amount of money that does not exceed one-third, or land, or a house that does not exceed one-third, there is no harm. As for if it exceeds one-third, the excess is not permitted for her except with the consent of the heirs. If he bequeathed to her something that exceeds one-third; the excess has no right to it, except with their consent, meaning: the heirs, if they are of legal age. But if they are minors; no, the excess is not given. Yes.
The presenter: May Allah reward you with good.
A letter reached the program from the listener Samih Tariq, from Iraq. Samih asks a collection of questions, one of which says: My uncle passed away before my grandfather some time ago, and he left behind one daughter. After my grandfather died a long time later, the land owned by my grandfather was divided among my uncles. Does this daughter share in the portion of my uncle who died before my grandfather? And if the answer is no, by how much?
Answer:
She has no right in the inheritance if her father died before her grandfather. The right belongs to the living, the living sons, and the deceased has no right, the one who died before his father. Rather, the right belongs to the existing heirs, the sons and daughters, the male receiving the share of two females, as the Exalted said:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِExcept if her grandfather bequeathed to her something. If he bequeathed to her something from the money, or a shared portion like a quarter, or a fifth; there is no harm. But he does not have the right to bequeath more than one-third. If he bequeathed to her one-third, or less, or a specific amount of money that does not exceed one-third, or land, or a house that does not exceed one-third, there is no harm. As for if it exceeds one-third, the excess is not permitted for her except with the consent of the heirs. If he bequeathed to her something that exceeds one-third; the excess has no right to it, except with their consent, meaning: the heirs, if they are of legal age. But if they are minors; no, the excess is not given. 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.