Is Fatwa No. 23167 absolute in stating that a brother who dies before his mother does not inherit from her? And do the sons of the son render their paternal aunts residuary heirs? And how is the mother's inheritance divided between her daughters and the children of her deceased son?
Inheritance requires the heir to be alive at the time of the death of the one from whom they inherit. Therefore, if a son dies before his mother, he does not inherit, and the inheritance goes to her daughters and her son's children. The son's children (the grandchildren of the deceased) inherit because they are the closest 'asabah (agnate heir). The two daughters receive two-thirds as their prescribed share, and the remainder goes to the son's children by 'asabah (residuarily). This is if the deceased has no other heirs. Inheritance cases should be referred to Sharia courts for investigation regarding the existence of wills, debts, or rights that take precedence over the rights of the heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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