The issue of excluding full siblings from inheritance
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Question:
You say: In some inheritance cases, when there are maternal siblings and full siblings, the share of the full siblings is the remainder as residuary heirs. But sometimes in certain cases, nothing remains for the full siblings, even though the maternal siblings have a share. What do we do in such a case? Do we leave the full siblings without inheritance?
Answer:
Yes, the correct view is that they are excluded because the fixed shares exhaust the estate; they are excluded according to the correct opinion of the scholars, based on the saying of the Prophet (peace and blessings be upon him):Sunan al-Bayhaqi 9:708 Narrated by the two Shaykhs: al-Bukhari and Muslim in the two Sahihs. His saying: indicates that if nothing remains, they are excluded.
Some scholars said that they share with the maternal siblings, and their father is considered as if he does not exist, as occurred in the time of 'Umar (may Allah be pleased with him). They said to their siblings: "Share with us," and they considered their father as non-existent, as if he were a stone in the sea, as if he were a stone in the ocean. But this opinion is weak. Just as their father benefits them, their father harms them. He benefits them when they are alone, and they take the money and take what remains. So likewise, he harms them when the fixed shares exhaust the estate. He harms them. And praise be to Allah, this is the legislation of Allah, in which there is great good and a good outcome.
If a person dies leaving a wife, a mother, two maternal siblings, and full siblings, then the estate is divided from six. The wife gets half, which is three. The mother gets one-sixth, which is one. The two maternal siblings get one-third, which is two. The six are completed, and nothing remains, so the full siblings are excluded because the fixed shares exhausted the estate. They fall under the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1615a Likewise, if they were paternal siblings, they would be excluded.
The point is that this is the correct view. This is called the "Musharaka" case, and it is also called the "Yamiyya" case, the "Hajariyya" case, and the like. But in the correct view, the full siblings are excluded because the fixed shares exhaust the estate. Yes.
The presenter: May Allah reward you with good, and may He do you good.
You say: In some inheritance cases, when there are maternal siblings and full siblings, the share of the full siblings is the remainder as residuary heirs. But sometimes in certain cases, nothing remains for the full siblings, even though the maternal siblings have a share. What do we do in such a case? Do we leave the full siblings without inheritance?
Answer:
Yes, the correct view is that they are excluded because the fixed shares exhaust the estate; they are excluded according to the correct opinion of the scholars, based on the saying of the Prophet (peace and blessings be upon him):
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 ذكرwhat the fixed shares leave
فما أبقتSome scholars said that they share with the maternal siblings, and their father is considered as if he does not exist, as occurred in the time of 'Umar (may Allah be pleased with him). They said to their siblings: "Share with us," and they considered their father as non-existent, as if he were a stone in the sea, as if he were a stone in the ocean. But this opinion is weak. Just as their father benefits them, their father harms them. He benefits them when they are alone, and they take the money and take what remains. So likewise, he harms them when the fixed shares exhaust the estate. He harms them. And praise be to Allah, this is the legislation of Allah, in which there is great good and a good outcome.
If a person dies leaving a wife, a mother, two maternal siblings, and full siblings, then the estate is divided from six. The wife gets half, which is three. The mother gets one-sixth, which is one. The two maternal siblings get one-third, which is two. The six are completed, and nothing remains, so the full siblings are excluded because the fixed shares exhausted the estate. They fall under the saying of the Prophet (peace and blessings be upon him):
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 رجلٍ ذكرThe point is that this is the correct view. This is called the "Musharaka" case, and it is also called the "Yamiyya" case, the "Hajariyya" case, and the like. But in the correct view, the full siblings are excluded because the fixed shares exhaust the estate. Yes.
The presenter: May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.