Does the deceased elder brother inherit from a woman who has no children, but has a husband and two brothers (one a living paternal half-brother, and another a full brother who died before her and left wives, sons, and daughters)? And do the family members of the deceased full brother inherit (his wives, sons, and daughters)? And if they do inherit, do they all inherit, or only the males?
If the deceased woman's heirs are limited to her husband and her two brothers (one full brother who died before her, and one paternal half-brother), the inheritance is divided as follows: The husband receives one-half by fard (fixed share) due to the absence of any descendant, based on the Almighty's saying: "And for you is half of what your wives leave if they have no child." The remaining half is inherited by the paternal half-brother by ta’sib (residuary heir), because he is the closest asabah (male agnate), based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those who are entitled to them, and whatever remains is for the closest male agnate." The full brother who died before her does not inherit, because one of the conditions for inheritance is the life of the heir after the deceased. The sons of the deceased full brother do not inherit due to the presence of the paternal half-brother, as he is closer than them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 60454
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy