Do the paternal uncles have the right to claim their deceased mother's share of their father's inheritance, knowing that the grandmother had refused to take her share and relinquished it to her sons? And is the grandmother sinful for that? What is the lawful course of action regarding the uncles forcefully demanding it? And does the hadith, "Whoever dies defending his property is a martyr," apply to this situation?
The grandmother's action is considered a valid donation if it was made while she was in good health, or within the limit of one-third if it was during her death illness. The uncle is not entitled to claim his share.
However, if the uncle attempts to seize the money by force, it is permissible to repel him with the mildest means, then the next mildest, such as informing the authorities, with fighting being permissible if absolutely necessary. This does not contradict the obligatory maintaining of kinship ties, for the one who truly maintains kinship is he who connects with his relatives even if they cut him off. It is recommended to give up the money to him if he is in need and one’s soul is content with it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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