The Ruling on a Woman with No Direct Heirs (Kalalah) Who Dies Leaving Behind Her Brother's Sons
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Question:
A woman with no direct heirs has two brothers: one is a maternal brother, and the other is a paternal brother. Both brothers have children, and both brothers passed away before the woman. Who inherits from this woman's estate: the children of her maternal brother, or the children of her paternal brother? Please inform us, may Allah reward you.
Answer:
If the situation is as the questioner described, that she died leaving behind the children of her paternal brother and the children of her maternal brother, then the inheritance belongs to the children of her paternal brother, specifically the males. The 'asabah (residuary male heirs) inherit from her; her brother's sons, the males, inherit, while the females do not, nor do the daughters of the brother, nor the children of the maternal brother. The children of the maternal brother are among the dhawu al-aram (relatives by blood), and the dhawu al-aram do not inherit in the presence of the 'asabah or other males. The point is that this woman's inheritance goes to the sons of her paternal brother exclusively, as they are the 'asabah, based on the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1615a and his saying (peace and blessings be upon him): Musnad Ahmad 183[Hasan (Darussalam) ... The 'asabah inherit because there are no dhawu al-furud (those with fixed shares), and this woman has no dhawu al-furud; rather, they are 'asabah, and they are only her brother's sons; so they inherit.
Question: Do the children take their father's share, or are they considered 'asabah only?
Answer: They are considered 'asabah, the sons of a brother.
A woman with no direct heirs has two brothers: one is a maternal brother, and the other is a paternal brother. Both brothers have children, and both brothers passed away before the woman. Who inherits from this woman's estate: the children of her maternal brother, or the children of her paternal brother? Please inform us, may Allah reward you.
Answer:
If the situation is as the questioner described, that she died leaving behind the children of her paternal brother and the children of her maternal brother, then the inheritance belongs to the children of her paternal brother, specifically the males. The 'asabah (residuary male heirs) inherit from her; her brother's sons, the males, inherit, while the females do not, nor do the daughters of the brother, nor the children of the maternal brother. The children of the maternal brother are among the dhawu al-aram (relatives by blood), and the dhawu al-aram do not inherit in the presence of the 'asabah or other males. The point is that this woman's inheritance goes to the sons of her paternal brother exclusively, as they are the 'asabah, based on 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 رجل ذكرWhat the son or father acquires goes to his agnates, no matter who they are.
مَا أحرز الولد أو الوالد فهو لعصبته مَن كانQuestion: Do the children take their father's share, or are they considered 'asabah only?
Answer: They are considered 'asabah, the sons of a brother.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.