Ruling on the inheritance of a son's children alongside two daughters
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Question:
A man has two sons and three daughters. The two sons have children, but the two sons passed away while their father was still alive. Also, one daughter passed away while her father was alive, and two daughters remained after their father's death. Who inherits from the daughters of this man's wealth, and what do the children of the deceased inherit?
Answer:
The two daughters are given two-thirds if these are the only ones he left behind. The two existing daughters are given two-thirds, and the remainder goes to the children of his two sons who are in the same degree, his equal children. If he has a wife, the wife is given her share of one-eighth. If he has a mother, his mother is given one-sixth. If he has a father or a grandfather, he is given one-sixth. As for if he has no father and no grandfather, but he has a mother, she is given one-sixth. A wife is given one-eighth, and the remainder belongs to the son's children, specifically the males, to the son's children and the son's daughters, all males and females, as 'asabah. [Al-Nisa:11] The children of his two sons who died during his lifetime, their males and females, the closest then the next closest.
That is, the first tier shares in the 'asabah without the tier after them, their males and females. For the male is the share of two females, by the saying of Allah the Exalted: [Al-Nisa:11] But their uncles' daughters are given two-thirds; the two daughters are given two-thirds.
Question: If my brother's wife breastfed a daughter, is it permissible for me to marry her?
Answer: Do you marry your brother's daughter? You are her paternal uncle! If your brother's wife breastfed a daughter, you are her paternal uncle. What is forbidden by breastfeeding is forbidden by blood relation, if the breastfeeding is complete, five breastfeedings or more.
A man has two sons and three daughters. The two sons have children, but the two sons passed away while their father was still alive. Also, one daughter passed away while her father was alive, and two daughters remained after their father's death. Who inherits from the daughters of this man's wealth, and what do the children of the deceased inherit?
Answer:
The two daughters are given two-thirds if these are the only ones he left behind. The two existing daughters are given two-thirds, and the remainder goes to the children of his two sons who are in the same degree, his equal children. If he has a wife, the wife is given her share of one-eighth. If he has a mother, his mother is given one-sixth. If he has a father or a grandfather, he is given one-sixth. As for if he has no father and no grandfather, but he has a mother, she is given one-sixth. A wife is given one-eighth, and the remainder belongs to the son's children, specifically the males, to the son's children and the son's daughters, all males and females, as 'asabah.
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِThat is, the first tier shares in the 'asabah without the tier after them, their males and females. For the male is the share of two females, by the saying of Allah the Exalted:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِQuestion: If my brother's wife breastfed a daughter, is it permissible for me to marry her?
Answer: Do you marry your brother's daughter? You are her paternal uncle! If your brother's wife breastfed a daughter, you are her paternal uncle. What is forbidden by breastfeeding is forbidden by blood relation, if the breastfeeding is complete, five breastfeedings or more.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
