Is it permissible for a sister to inherit all the possessions of her deceased brother, who has no heir other than her, despite the existence of his nephews?
A will in favor of an heir is not permissible unless the other heirs agree to it, based on the Prophet's (PBUH) saying: "Indeed, Allah has given every rightful person his right, so there is no will for an heir." If the heirs approve this will, it becomes permissible according to the majority of scholars.
In this case, the sister takes half of the inheritance, based on Allah's (SWT) saying: "If a man dies, leaving no child but a sister, she shall have half of what he leaves." The male sons of the full brother take the remainder equally, without the females, based on the Prophet's (PBUH) saying: "Give the prescribed shares to those entitled to them, and what remains is for the nearest male relative." As for the sons of the half-brother, they inherit nothing.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100088
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 100088
- 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