What is the share of the wife, the three daughters, and the two sisters, and what is remaining from the inheritance?
The share of your brother's daughters from their father is two-thirds, and his wife's share is one-eighth due to the presence of a lineal descendant. What remains after the daughters' and wife's shares have been taken will be for you and your sisters by virtue of ta'sib (residuary heirship), with the male receiving the share of two females. This applies if you are all siblings of the deceased of the same degree (full siblings or paternal siblings).
If you are a full brother and the sisters are paternal sisters, then they are excluded, and what remains after the prescribed shares of the Ashab al-Furud (sharers) will be for you alone, without them. Similarly, if you are a paternal brother and they are full sisters, then you get nothing, and what remains will be for them without you, because sisters are considered in the position of a residuary heir ('asib) with daughters.
If you are all maternal siblings, then you get nothing from this inheritance due to the presence of the deceased's lineal descendant.
Finally, the questioner emphasizes the seriousness of inheritance matters and the necessity of referring them to courts for investigation to ensure there are no wills, debts, or other rights taking precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 78833
- 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