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Who inherits the deceased Mrs. "Fatima Ali Sha'ban Erfan," who has no children, but has paternal cousins (daughters of her paternal uncle), daughters of a deceased husband from another wife, and paternal uncles' sons (sons of her paternal uncle)? What is the share of inheritance for each of them? Is it permissible to take a portion of the inheritance to perform the Hajj obligation on her behalf, and is this obligatory or voluntary?

1 min readAlso available in العربية

The male sons of her paternal uncles (Husni, Mahmoud, Rajab, Jamal, and Wael) are entitled to the woman's inheritance, as they are her closest male agnatic relatives ('asabah).

If there is an heir with a prescribed share, such as the mother or grandmother, their share is given first, then the remainder is divided equally among the 'asabah, 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 closest male relative."

This is done after settling her debts and fulfilling her bequests, if any, based on the Almighty's saying: "after any bequest she may have made or any debt."

As for performing Hajj on her behalf from her estate: if Hajj became obligatory upon her during her lifetime and she did not perform it, then Hajj must be performed on her behalf from her estate before its distribution, according to the preponderant opinion of scholars. This is based on the hadith of the woman from Juhaynah who asked the Prophet (peace be upon him) about performing Hajj on behalf of her deceased mother, to which he replied: "Yes, perform Hajj on her behalf. Do you not think that if your mother had a debt, you would pay it? Fulfill Allah's right, for Allah is more deserving of fulfillment."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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