A case of Inheritance
Fatwa No: 461176

Question

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 1 (A nephew from a full brother) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 1 - Additional information : the deceased have 1 sister and 2 brother in which 1 alive and 1 deceased. deceased having 4 kids.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Dear brother, you did not clarify to us whether the one who died last, died before his brother, the owner of the inheritance, or after him.

If he had died before him, there is no share for him, because the one who died first does not inherit the one who died last. Also, his male children do not have any share in their uncle's inheritance because the nephew [son of the brother] does not inherit with the existence of a full-brother, and the niece [daughter of the brother] does not inherit at all.

Hence, if the one who died last, died after his brother the owner of the estate [i.e. the brother who had the inheritance died first], then he inherits and his share is transferred to his heirs, among whom are his four children whom you referred to in the question, whether they are males or females. In this case, they do not inherit their uncle, but they inherit the share of their father from the inheritance of his brother.

We will base our answer to you that the one who died last, is the brother who died before his brother the owner of the inheritance; so we say, that whoever died leaving behind a full-brother, a full-sister and a nephew [son of a full-brother], then his inheritance will be divided among his full-sister and full-brother by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]

However, the nephews [the sons of the brother] do not get anything from the inheritance because they are prevented by the existence of the brother.

Therefore, the inheritance should be divided into 3 shares, the full-brother gets 2 shares and the full-sister gets 1 share.

Allah knows best.

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