A woman has died, leaving an estate, and she has a daughter and a brother. What is the share of each of them?
The daughter receives half as a prescribed share. If the brother is a full-brother or a paternal-brother, he takes the remainder by ta'sib (residuary heirship), based on the : "Give the prescribed shares to those entitled to them; then whatever remains is for the nearest male." However, if the brother is a maternal-brother, he does not inherit in the presence of a daughter, due to Allah Almighty's saying: "And if a man or a woman leaves neither parents nor children, and has a brother or a sister…" Kalalah refers to someone who has neither parents nor children. If there is no 'asabah (residuary heir) other than the maternal-brother, the remainder is returned to the daughter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 22600
- 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