Do the children of a deceased brother inherit from their uncle, and what is the share of each heir if a man dies without children, leaving a wife, a brother, and the children of a deceased brother (a son and a daughter)?
Sons of brothers are not all inheritors.
1. Sons of a brother from the mother's side: They are not inheritors at all.
2. Sons of a full brother (paternal and maternal): They inherit under three conditions (the absence of a male descendant heir, the absence of a direct father of the deceased, and the absence of a full brother or a brother from the father's side of the deceased).
3. Sons of a brother from the father's side: They inherit under the three aforementioned conditions, in addition to the absence of sons of a full brother.
The inheriting sons of brothers receive what remains after the sharers of fixed portions have taken their share.
As for daughters of brothers, they do not inherit at all.
It must be noted that matters of inheritance are serious and complex, and a mere is not sufficient. Rather, the matter must be referred to courts for investigation and consideration of the presence of other heirs, wills, debts, or rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/88631
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 88631
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy