Back to search
The question

Does the presence of a nephew make the mother inherit one-sixth instead of one-third, due to the issue being considered as if there were multiple siblings?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The mother receives the full one-third due to the absence of a group of siblings. The nephew does not reduce the mother's share from one-third to one-sixth. Al-Mawardi Al-Shafi'i stated in "Al-Hawi Al-Kabir" that nephews do not reduce the mother's share, unlike fathers and grandchildren. The difference between nephews and grandsons in terms of reduction is threefold:

1. The term "brothers" does not apply to nephews, whereas the term "sons" applies to grandsons.

2. Nephews are weaker in conferring residue upon their sisters and reducing the mother's share, unlike their fathers and grandsons.

3. Children are stronger in terms of reduction than siblings; they reduce the shares of the husband and wife along with the mother, unlike siblings.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
167930
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy