Does the nephew, who was raised by his paternal uncle as his own son, inherit his uncle's entire estate, or only one-third of it? Is there a difference of opinion among scholars on this matter?
The full-brother's son or the half-brother's (from the father's side) son is among the inheritors and inherits from his deceased paternal uncle, whether the uncle raised him or not, but under certain conditions:
1. Absence of a male lineal descendant of the deceased (son, or son's son, however far removed). 2. Absence of a full brother of the deceased. 3. Nor a half-brother from the father's side. 4. Nor a father. 5. Nor a paternal grandfather.
If any of these are present, the brother's son is completely excluded from inheritance. If he is a half-brother's son from the father's side, it is also stipulated that there be no full-brother's son. As for the half-brother's son from the mother's side, he is not among the inheritors. Upbringing and care are not a cause for inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 148803
- 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