Should full brothers demand their rights from their deceased brother's inheritance, which was distributed among his wife and daughters, excluding them?
If the heirs are limited to the wife, the daughters, and two full brothers, and the deceased left no other heirs, then the wife receives one-eighth due to the existence of a inheriting descendant. The daughters receive two-thirds, and the remainder goes to the two full brothers by 'asabah (agnatic succession). The sons of the paternal half-brother receive nothing, as they are blocked by the full brother. The estate is divided into 48 shares: 6 shares for the wife, 32 shares for the daughters (4 for each), and 10 shares for the two full brothers (5 for each brother). It is not permissible to deprive the two full brothers of their inheritance; whoever deprives them has transgressed the limits of Allah and is threatened with Hellfire and a humiliating torment. The two brothers are not obligated to demand their rights, and they are permitted to waive them, provided that the one waiving is an adult of sound judgment.
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- Original fatwa ID
- 129327
- Imported
- Translation status
- Source text, unreviewed
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