What is the ruling of Islamic law regarding the children of a brother and their mother who refused to give their paternal uncles and aunts their rightful share of their father's inheritance, despite knowing that they are the legal heirs? And in the event of the death of the brother's children, does the sin transfer to their offspring when they inherit this estate, knowing that it was not purely lawful for their parents?
If a brother dies before his parents, his inheritance is divided as follows: the father and mother each receive one-sixth, his wife receives one-eighth, and the remainder goes to his children, with the male receiving the share of two females. If the parents die, then the two-sixths (one-third) goes to their children, meaning the paternal uncles and paternal aunts of the deceased's children.
If the brother's children and his wife knew that he died before his parents, then they are sinful for taking what is not rightfully theirs; because a judicial ruling does not benefit them as long as they know the truth, and "whoever I have ruled in favor of regarding something from his brother’s right, let him not take it, for I am only cutting off for him a piece of fire."
If the brother's children die and their children inherit from them, it is incumbent upon them to return the right to its rightful owners because it is usurped wealth, and it is not permissible for anyone to keep it. They must advise these children and warn them against consuming unlawful wealth, because "whoever has wronged his brother regarding an injustice, let him seek his absolution from it, for there will be no dinar or dirham there."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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