Does a daughter inherit from her living grandfather if her paternal uncles are present?
Scholars dislike hypothetical questions that have not yet occurred, as Malik ibn Anas stated. Regarding your question about the granddaughter's inheritance from her grandfather, the answer is that she does not inherit due to the presence of her two paternal uncles, as she is excluded by them. Khalil al-Maliki said: "And she is excluded by a son above her," and al-Zayla'i said: "The son's child is excluded by the son, whether male or female, because the son is closer and an 'asaba (agnate heir), so they do not inherit with him by 'asaba, nor by fard (fixed share), because the son's daughters trace their lineage through him, so they do not inherit with their root (father's brother) even if they do not trace their lineage through him, for if he is their paternal uncle, he is equivalent to their root, so he excludes them just as he excludes his own children, because what is established for one of two equals is necessarily established for its equal." Therefore, the granddaughter receives nothing here in the presence of her two paternal uncles; rather, they take all the wealth as 'asaba. It is commendable to give her something from the inheritance, based on the Almighty's saying: "And when [other] relatives and orphans and the needy are present at the division [of inheritance], then give them [something] from it and speak to them words of appropriate kindness."
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/75564
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 75564
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy