Do the sons of the brother who died before their paternal aunt inherit from her, knowing that she was unmarried and had four sisters?
The full or paternal nephew inherits under certain conditions: that there is no male ascendant heir (father, or his father however high he may be) for the deceased, no male descendant heir (son, or son's son however low he may be), no full brother, and no paternal brother for the deceased. If none of these exist, then the nephew inherits, whether it is one nephew or multiple nephews.
Therefore, if the deceased woman has no heirs other than those mentioned in the question, then her nephews (sons of her brother) will inherit what remains after her sisters' share, which is one-third.
It is important to note that matters of inheritance are extremely serious and complex, and a mere is not sufficient. Instead, it must be referred to courts or discussed directly with scholars if a Sharia court is not available. This is because there might be an heir who is not discovered except after investigation, or there might be bequests, debts, or other rights that take precedence over the heirs' right to the money. Therefore, the estate should not be divided without consulting the Sharia courts, in order to protect the interests of both the living and the dead.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 143128
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy