When does a brother inherit from his brother who has a mother, a father, children, and a wife?
The brother does not inherit from his brother when the deceased's father, son, or grandson is alive, by consensus. This ruling applies to full brothers and paternal half-brothers. As for maternal half-brothers, they also do not inherit in the presence of these individuals, nor in the presence of a grandfather, daughter, or granddaughter. In cases other than these, the brother inherits; if he is a maternal half-brother, he is an heir by fixed share (sahib fard), and if he is a full brother or a paternal half-brother, he is a residuary heir (asib) who may be excluded if the heirs by fixed shares exhaust the inheritance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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