What is the share of an orphaned girl in the inheritance of her deceased full siblings, given the presence of her paternal grandfather? And what is the share of the two grandmothers (paternal and maternal) from their deceased sons and daughters? And does the girl inherit from her paternal grandfather alongside his daughters and wife?
First: Scholars differed concerning the inheritance of a sister in the presence of a grandfather. Some said that the grandfather excludes siblings, an exclusion of deprivation, just like the father. Others said that he does not exclude them, and the grandfather is given what is more beneficial for him.
Second: The paternal grandmother inherits with the maternal grandmother if they are of the same degree, and they divide the sixth equally between them. However, if their degrees differ and the maternal grandmother is closer to the deceased, then the paternal grandmother is unanimously excluded. If the close one is from the paternal side and the distant one is from the maternal side, there are two opinions: some said the distant one is excluded, and others said she is not.
Third: The son's daughter does not inherit if there are two or more daughters of the deceased, unless there is a male agnate (a son's son) of her same degree or lower who would make her an inheritor.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/107768
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 107768
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy