How is the inheritance of a man who died with no offspring, leaving a wife and six brothers (three full brothers and three consanguine brothers), divided, knowing that one of the full brothers is mentally incapacitated?
If a person dies leaving a wife, full siblings, and half-siblings (from the father's side), the wife inherits one-quarter due to the absence of a direct heir, as Allah Almighty says: "And for them (wives) is one fourth of what you leave if you have no child." (Quran 4:12) The remainder is divided among the full siblings, and mental incapacity does not affect this. As for the half-siblings (from the father's side), they inherit nothing because they are excluded by the full siblings, based on the saying of the Prophet (PBUH): "Give the prescribed shares to those who are entitled to them; and whatever remains, give it to the closest male relative." The matter of inheritance must be referred to the courts to verify all wills, debts, and rights before distribution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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