How is the estate of a man who died leaving no children, wife, or siblings divided, when he has nephews and nieces, and who inherits from him?
If a man dies and leaves behind only nephews (sons of brothers) and nieces (daughters of brothers), then only the male nephews inherit from him by ta'sib (residuary inheritance), and the nieces receive nothing from the inheritance. This is after the execution of his lawful will and the settlement of his debts. This is based on the saying of the Prophet, peace be upon him: "Give the prescribed shares to those entitled to them, and what remains is for the closest male relative." The Permanent Committee for Scholarly Research and Ifta' and Sheikh Ibn Baz, may Allah have mercy on him, were asked about similar issues and they ruled that the inheritance goes to the full-brother's sons, not the daughters, because the daughters of a brother are not among those entitled to prescribed shares nor are they 'asabah (residuary heirs).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 21741
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy