The wealth of the maternal uncle is inherited by the residuary heirs
Machine translationRead the Arabic original
The wealth of the maternal uncle is inherited by the residuary heirs
Question: A woman has no husband, no children, no brother, and no sister; rather, she has a maternal aunt, daughters of a maternal uncle, and a paternal cousin, who may have passed away. Does any of these people inherit from her in the case where the paternal cousin is present, and in the case where he died before her? And what is the share of each of them?
Answer: If the paternal cousin is present, the wealth belongs to him as a residuary heir, and the relatives by blood (dhawu al-aram) have no share, neither the maternal uncle nor the maternal aunt. Rather, it belongs to the paternal cousin as long as he is present, or as long as one of his descendants from his sons is present, even if they are further removed, or as long as one of the descendants of the paternal uncles is present, even if they are further removed; in that case, the wealth belongs to them. If the paternal cousin is not present, and none of his descendants from his sons are present, even if they are further removed, then it passes to those after him among the residuary heirs, the descendants of the paternal uncles
who are more distant, as long as there is someone among the residuary heirs; in that case, the wealth belongs to them.
If no one from the residuary heirs is present at all, and only the maternal uncle and the maternal aunt are present, then the wealth belongs to them. This is from the inheritance of the relatives by blood (dhawu al-aram); the wealth returns to them because they are among the relatives by blood. They take the position of the one through whom they are connected, which is the mother.
Question: Is it divided equally among them?
Answer: No, it is allocated as if the mother had died from them. In that case, the entire wealth belongs to the maternal aunt, and the daughters of the maternal uncle have no share, because the maternal aunt is closer to the deceased, closer to the heir than the daughters of the maternal uncle. And the closer relative excludes the more distant one if they are in the same line.
Question: A woman has no husband, no children, no brother, and no sister; rather, she has a maternal aunt, daughters of a maternal uncle, and a paternal cousin, who may have passed away. Does any of these people inherit from her in the case where the paternal cousin is present, and in the case where he died before her? And what is the share of each of them?
Answer: If the paternal cousin is present, the wealth belongs to him as a residuary heir, and the relatives by blood (dhawu al-aram) have no share, neither the maternal uncle nor the maternal aunt. Rather, it belongs to the paternal cousin as long as he is present, or as long as one of his descendants from his sons is present, even if they are further removed, or as long as one of the descendants of the paternal uncles is present, even if they are further removed; in that case, the wealth belongs to them. If the paternal cousin is not present, and none of his descendants from his sons are present, even if they are further removed, then it passes to those after him among the residuary heirs, the descendants of the paternal uncles
who are more distant, as long as there is someone among the residuary heirs; in that case, the wealth belongs to them.
If no one from the residuary heirs is present at all, and only the maternal uncle and the maternal aunt are present, then the wealth belongs to them. This is from the inheritance of the relatives by blood (dhawu al-aram); the wealth returns to them because they are among the relatives by blood. They take the position of the one through whom they are connected, which is the mother.
Question: Is it divided equally among them?
Answer: No, it is allocated as if the mother had died from them. In that case, the entire wealth belongs to the maternal aunt, and the daughters of the maternal uncle have no share, because the maternal aunt is closer to the deceased, closer to the heir than the daughters of the maternal uncle. And the closer relative excludes the more distant one if they are in the same line.