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The question

Do the sons of deceased brothers inherit from their deceased paternal aunt, who left behind a husband, three daughters, and a grandson and granddaughter from a daughter who died during her lifetime?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a woman dies and leaves behind: a husband, three daughters, grandchildren from a daughter (awlād bint), and nephews (sons of brothers), the inheritance is divided among the husband, the daughters, and the nephews. The grandchildren from a daughter receive nothing.

The husband receives one-fourth due to the presence of daughters, as Allah the Almighty says: (But if they have a child, then for you is one fourth of what they leave) [An-Nisa/12]. The daughters receive two-thirds, as Allah the Almighty says: (But if there are [only] daughters, two or more, for them is two thirds of what she left) [An-Nisa/11]. The nephews receive the remainder, based on the Prophet’s (peace and blessings be upon him) saying: (Give the prescribed shares to those who are entitled to them; then whatever remains is for the closest male heir).

As for the grandchildren from a daughter, they are among those related by kinship (dhawu al-arḥām) and do not inherit when there are primary heirs (aṣḥāb al-furūḍ) and residuary heirs (aṣabāt). It is recommended for someone with abundant wealth to bequeath to their relatives by kinship an amount not exceeding one-third of their estate.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
22315
Imported
Translation status
Source text, unreviewed
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