Do the sons of deceased brothers inherit or are they excluded from inheritance in a case where the deceased woman left a husband and two full brothers, and had no children?
The nephew does not inherit if there is a brother, whether the brother is a full-brother or a consanguine brother (from the father's side), because the brother totally precludes the nephew. As for the nephew from the mother's side, he is not an heir at all. If the deceased has a brother from the mother's side, he is among the Ashab al-Furud (those entitled to fixed shares) and does not preclude the full-brother's son or the consanguine brother's son. If a woman dies leaving a husband and two full-brothers and no other heirs, the husband receives half, and the two full-brothers receive the remaining half by 'asabah (residuary inheritance). It is necessary to refer to the courts or scholars to ascertain the heirs and confirm the absence of any wills or debts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 177657
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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