Ruling on one who dies leaving two daughters and a paternal cousin’s daughter
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This is the third message in this evening’s session. It came from the questioner Farhan 'Abd al-Farhan from Riyadh. He says in his message: My grandfather’s paternal cousin passed away, and he left two daughters. Does my grandmother inherit from him or not?
Answer: His inheritance belongs to his two daughters. The two daughters receive two-thirds. As for his paternal cousin’s daughter, she has no share. A paternal cousin’s daughter is not among the heirs, but rather among the relatives by blood (dhawi al-aramah). If a person dies leaving his two daughters and his paternal cousins’ daughters or his maternal cousins’ daughters, the two daughters receive two-thirds, and the remainder goes to the residuary heirs ('asabah). The residuary heir, even if distant, is given the share. For example, his paternal cousin, his brother, or his brother’s son through his father, or through his father and mother. These are the residuary heirs: his brothers, his paternal and maternal uncles, or those from his father only. All of these are residuary heirs. Likewise, the cousins, however distant, are residuary heirs who take the remainder after the two daughters. As for the paternal cousin’s daughter, the maternal cousin’s daughter, the maternal uncle’s daughter, the maternal aunt’s daughter, the maternal uncle’s son, the maternal aunt’s son, and the maternal cousin’s son, these are not among the heirs. According to the scholars, all of these are among the relatives by blood (dhawi al-aramah). If he has no residuary heirs, and he has only two daughters, with no residuary heirs, no tribe, and no residuary heirs, then the wealth belongs entirely to the two daughters. They take it as their fixed share and by return (radd). The entire wealth is divided between them in equal halves, unless he has a debt. In that case, the debt is paid first. After the debt is settled, the wealth belongs to the two daughters. Or if he made a bequest of one-third, one-quarter, or one-fifth, the bequest is executed. The bequest is taken out first, and then the remainder goes to the heirs. As for the maternal cousin’s daughter, the paternal cousin’s daughter, the maternal uncle’s daughter, and the maternal aunt’s daughter, they have no inheritance. Rather, they are among the relatives by blood (dhawi al-aramah). Yes.
Answer: His inheritance belongs to his two daughters. The two daughters receive two-thirds. As for his paternal cousin’s daughter, she has no share. A paternal cousin’s daughter is not among the heirs, but rather among the relatives by blood (dhawi al-aramah). If a person dies leaving his two daughters and his paternal cousins’ daughters or his maternal cousins’ daughters, the two daughters receive two-thirds, and the remainder goes to the residuary heirs ('asabah). The residuary heir, even if distant, is given the share. For example, his paternal cousin, his brother, or his brother’s son through his father, or through his father and mother. These are the residuary heirs: his brothers, his paternal and maternal uncles, or those from his father only. All of these are residuary heirs. Likewise, the cousins, however distant, are residuary heirs who take the remainder after the two daughters. As for the paternal cousin’s daughter, the maternal cousin’s daughter, the maternal uncle’s daughter, the maternal aunt’s daughter, the maternal uncle’s son, the maternal aunt’s son, and the maternal cousin’s son, these are not among the heirs. According to the scholars, all of these are among the relatives by blood (dhawi al-aramah). If he has no residuary heirs, and he has only two daughters, with no residuary heirs, no tribe, and no residuary heirs, then the wealth belongs entirely to the two daughters. They take it as their fixed share and by return (radd). The entire wealth is divided between them in equal halves, unless he has a debt. In that case, the debt is paid first. After the debt is settled, the wealth belongs to the two daughters. Or if he made a bequest of one-third, one-quarter, or one-fifth, the bequest is executed. The bequest is taken out first, and then the remainder goes to the heirs. As for the maternal cousin’s daughter, the paternal cousin’s daughter, the maternal uncle’s daughter, and the maternal aunt’s daughter, they have no inheritance. Rather, they are among the relatives by blood (dhawi al-aramah). Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
