How is the estate of a man who died leaving a married daughter with children and a married brother with children to be distributed?
If a person dies and leaves behind a daughter and a full brother or a paternal brother only, the daughter receives half as a prescribed share, according to the Almighty's saying: "And if there is only one daughter, she receives half." The remainder goes to the brother by virtue of residuary kinship, based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those entitled to them, and whatever remains is for the closest male heir." However, if the brother is a maternal brother, he inherits nothing due to being excluded by the daughter, and the entire estate goes to the daughter, both as a prescribed share and by way of return. It must be noted that inheritance matters are complex and delicate, and it is not sufficient to rely solely on a . Rather, they must be referred to courts for investigation to ensure there are no wills, debts, or other heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 96306
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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