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The question

If a person dies survived by a mother, a father, and four full brothers, how is the inheritance distributed?

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

Scholars differ on the share of the mother when both parents and a group of siblings are present, with two main opinions:

First Opinion: This is the view of the majority, and the madhhab of the Hanbalis and Malikis: The mother receives one-sixth, and the remainder goes to the father. They cite the verse: "If he has siblings, then his mother gets one-sixth," and argue that siblings reduce the mother’s share from one-third to one-sixth, whether they are heirs or excluded.

Second Opinion: This is the choice of Shaykh al-Islam Ibn Taymiyyah and some later scholars: The mother receives one-third even with siblings who are excluded by the father, arguing that siblings do not reduce the mother's share unless they are heirs.

Since there is a disagreement on this issue, it is necessary to refer to the judge of the land.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
22811
Imported
Translation status
Source text, unreviewed
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