Back to search
The question

What is the wisdom behind uncles sharing in the inheritance with the daughter and not sharing with the son?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"The paternal uncle inherits by ta'seeb (residuary status), so he takes what remains after the shares of the prescribed heirs have been distributed, or the entire estate if no prescribed heirs are present. The daughter is a prescribed heir and receives her half share, taking what Allah has decreed for her, and whatever remains goes to the 'aseeb (residuary heir). The son is the closest of the 'asaba (residuary heirs), so if he is the only one, he takes the entire estate. The paternal uncle does not inherit when a male descendant heir, a father, a paternal grandfather, a full brother, a paternal brother, a son of a full brother, or a son of a paternal brother exists because they are closer to the deceased than the paternal uncle. If none of these exist, then the paternal uncle is closer to the deceased than the rest of the 'asaba, acting upon the principle of proximity in exclusion and entitlement, and due to the Prophet’s (peace and blessings of Allah be upon him) saying: “Give the prescribed shares to those who are entitled to them, and what remains goes to the closest male relative.” The closest of the inheriting 'asaba takes precedence over others in inheritance, and awlaa (closest) mentioned in the hadith means closest by consensus of the jurists.

"

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
112074
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy