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Distribution of Inheritance Between a Full-Brother and a Full-Sister

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 3

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.

If the deceased did not leave any heir other than those mentioned in the question, then the entire inheritance should be divided amongst the full-brother and the full-sister by virtue of Ta’seeb (having a paternal relation with the deceased and not having an allotted share, so they get what remains after the allotted shares have been distributed, if any); the male gets 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 nephew (son of the full-brother) does not get anything from the inheritance because he is prevented by the existence of the full-brother.

Nayl Al-Maarib bi Sharh Dalil Al-Talib reads: “The sons of the full-brothers are prevented from the inheritance by the son and grandsons, by the father and the grandfather, by the full brother, and by the brother from the father’s side.” [End of quote]

Therefore, the inheritance should be divided into three shares, two shares for the full-brother and one share for the full-sister.

Allah knows best.

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