What is the share of each heir from the estate of a man whose wife passed away, and his heirs are: 3 maternal half-brothers, and one full paternal cousin, knowing that the deceased has no father, mother, or full siblings, and the full paternal cousin has 5 sons, and there is a full paternal cousin's daughter?
In the first inheritance, the uterine brothers inherit one-third, and the full paternal cousin takes the remainder by ta’sib (agnatic inheritance), based on the Prophet’s (peace be upon him) saying: "Give the prescribed shares to those entitled to them; then, whatever remains is for the closest male relative."
As for the second inheritance, the uterine brothers receive one-third (15 shares, 5 shares for each of them), and the remainder goes to the paternal cousins by ta’sib (6 shares for each of them). The paternal cousin's daughter receives nothing as she is not among the heirs. The inheritance is divided into 45 shares.
It must be noted that matters of inheritance are serious and complex. A mere fatwa (religious edict) is not sufficient; rather, it must be referred to the Sharia courts for investigation and consideration of wills, debts, and other rights before division.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/128652
- Source platform
- Ftawy
- Original fatwa ID
- 128652
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy