Are the sons and daughters of the paternal uncle who died before their father entitled to anything from the inheritance?
The daughters of a paternal uncle's son receive nothing from the inheritance. As for the sons of a full paternal uncle's son or a paternal uncle's son through the father, they do have a share in the inheritance. If the deceased leaves behind only his wife, his daughter, and the sons of a paternal uncle's son, then the wife receives one-eighth due to the existence of a inheriting descendant, in accordance with the Almighty's saying: "But if you have a child, then for them is one-eighth of what you leave, after any bequest you [may have] made or debt." The daughter receives one-half, as stated in the Almighty's saying: "And if there is only one, she will have half." The remainder goes to the sons of the paternal uncle's son by way of ta'sib (residuary heirship), based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those entitled to them; then whatever remains is for the nearest male relative." The sister from the mother's side is excluded from inheritance by the daughter. The distribution of the inheritance would be as follows: one-eighth for the wife, one-half for the daughter, and the remainder for the sons of the paternal uncle's son. The matter must be referred to the courts due to the possible existence of bequests, debts, or other rights that take precedence over the heirs' rights.
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- 118104
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