Died leaving 1 full brother, 2 full sisters, 5 nephews and 2 cousins

9-12-2013 | IslamWeb

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 5 (A cousin from a full paternal uncle) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 2

Answer:

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

If the deceased does not have any other heirs than those mentioned in the question, then all his inheritance will be divided amongst his two full-sisters and his full-brother by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an prescribed share, so they get what is left after the prescribed shares have been allotted); and the male gets twice the share of the female as Allaah says (what means): {If there are both brothers and sisters, the male will have the share of two females.}[Quran 4:176]

The sons of the full-brother and the sons of the uncle do not get anything from the inheritance as they are all excluded for the sake of the full-brother. Therefore, the inheritance should be divided into four shares: the full-brother gets two shares, and each full-sister gets one share.

Allaah Knows best.

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