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The question

How are the heirs determined for the remaining half of the inheritance in the case of a man's death, leaving behind only one daughter, with no son, wife, or father, based on the Hadith: "Give the Fara'id (prescribed shares) to those who are entitled to them, and whatever remains goes to the closest male relative"?

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

The rule for distributing an inheritance begins with the heirs who have a prescribed share. If a daughter is present, she takes half, then the 'Asabah (residuary heirs) take the remainder. If there is no heir with a prescribed share, the 'Asabah take the entire inheritance, as stated in the : "Give the prescribed shares to those entitled to them, and whatever remains is for the nearest male relative." A full sister or a sister by the father's side becomes 'Asabah with the daughter and takes the remainder. If only an heir with a prescribed share is present, the remainder is returned to them, so they take the entire inheritance, both by prescribed share and by return. If there is no heir with a prescribed share and no 'Asabah, then the relatives by blood (dhawu al-arham) inherit. If none of the above are present, the inheritance goes to the public treasury (Bayt al-Mal).

The 'Asabah are the male relatives of the deceased from his father's side. They include the son, however low his lineage, the father, however high his lineage, the full brother or brother by the father's side and his son, and the paternal uncle and his son. The most entitled among them to inherit is the closest to the deceased, and the more distant is excluded by the closer. The categories of 'Asabah are six: sonship, then fatherhood, then grandfathers and brothers, then sons of brothers, then paternal uncles, then loyalty (wala'). It is necessary to identify all the relatives of the deceased and present them to scholars to determine who inherits and the share of each heir.

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Ftawy
Original fatwa ID
18838
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