Died leaving: a wife, two daughters, and a maternal brother
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Question:
A man passed away, leaving behind: a wife, two daughters, and a maternal brother only. Does this brother inherit or not? And if he does inherit, what is the share of each of the heirs, given that the estate he left is from his personal wealth?
Answer:
The estate of this deceased is divided from twenty-four: for the two daughters: two-thirds (16), and for the wife: one-eighth (3), and five remain. These are given to the asabah (residuary heir) if he has an asabah, even if distant. If he has no asabah, then it is returned to the two daughters according to the scholars.
As for the brother, he does not inherit in the presence of a descendant; because Allah, Mighty and Majestic, said in His great Book: [Al-Nisa: 12]. And al-kalalah (a person with no parent or child) is one who has no father and no child. The existence of these two daughters makes the case not one of al-kalalah. Thus, the maternal brother is excluded due to the lack of his condition; because the condition for the inheritance of the maternal brother is that the case be one of al-kalalah, as in this noble verse, which is His saying (peace and blessings be upon him) in the Surah (Al-Nisa): [An-Nisa 4:12] meaning from the mother [An-Nisa 4:12]. And this deceased has daughters, so the case was not one of al-kalalah. Therefore, 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: (16) by fixed share, (5) by return. This is the correct position by which we issue rulings, and it is the opinion of the scholars.
A man passed away, leaving behind: a wife, two daughters, and a maternal brother only. Does this brother inherit or not? And if he does inherit, what is the share of each of the heirs, given that the estate he left is from his personal wealth?
Answer:
The estate of this deceased is divided from twenty-four: for the two daughters: two-thirds (16), and for the wife: one-eighth (3), and five remain. These are given to the asabah (residuary heir) if he has an asabah, even if distant. If he has no asabah, then it is returned to the two daughters according to the scholars.
As for the brother, he does not inherit in the presence of a descendant; because Allah, Mighty and Majestic, 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
وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِAnd if a man or woman leaves neither ascendants nor descendants but has a brother or a sister
وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو 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 مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِAnd 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: (16) by fixed share, (5) by return. This is the correct position by which we issue rulings, and it is the opinion of the scholars.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.