How is the one-third bequest to the children of the brother (nephews and nieces) to be divided: Is it that the male receives the share of two females, or equally?
The sister receives one-half, and the remainder goes to the nephews by ta’sib (agnatic residuary inheritance) if the brother was a full or paternal brother. However, if he was a maternal brother, his children inherit nothing, and the sister takes the entire inheritance. Regarding the will for one-third to the nephews and nieces, the default is equality between males and females unless a preference for males is explicitly stated. If the nephews are heirs, the will for them is void unless the sister ratifies it, in which case only the portion designated for the nieces is executed. Inheritance matters should be referred to the courts for investigation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 136806
- 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