Who inherits the widowed paternal aunt who has no children, when she has a sister (another paternal aunt) who has sons and daughters?
The paternal aunt of the deceased, if she left behind a sister, a nephew (brother's son), and two nieces (brother's daughters), then her sister receives half of the inheritance, based on the Almighty's saying: "And if there was one, for her is half." The remainder, after the sister's share, goes to her nephew by 'asabah (agnatic kinship), because he is the closest male heir. As for the nieces (brother's daughters), they are considered among Dhawu al-Arham (relatives by blood who are not entitled to a prescribed share or to 'asabah) and do not inherit anything. It is obligatory to refer inheritance matters to the courts for consideration, as there might be other heirs, bequests, or debts unknown to the heirs, and these take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 69876
- 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