Do the half-brothers on the father's side disinherit the full nephew in the event of a person's death, leaving five half-brothers on the father's side (males) and a full nephew, without any descendants, or a father, mother, grandfather, grandmother, or wife?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The full-brother's son is completely excluded by the deceased's half-brothers from his father's side, because they are directly related to him and closer to him, and they are considered in the position of full-brothers when full-brothers are absent. The rule for prioritizing asabah (agnate heirs) is: direction, then proximity, then strength. The saying of the Prophet, peace and blessings be upon him, testifies to this: "Give the prescribed shares to those entitled to them; then, whatever remains is for the nearest male."
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/96821
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- Original fatwa ID
- 96821
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