How is the progeny of the she-camel left by the deceased brother divided among his brothers, if the she-camel gives birth to a young one every year and they do not wish to sell her?
If a person dies leaving a father, a mother, and siblings, the mother inherits one-sixth due to the presence of siblings, and the father inherits the remainder by ta'sib (residuary heirship), based on the Almighty's saying: ﴿فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ﴾ [An-Nisa: 11] (And if he has no child and his parents inherit him, then for his mother is one-third; but if he has siblings, then for his mother is one-sixth). The parents may sell the camel and divide its price, and either of them may compel the other to sell. If they wish for it to remain a shared property between them, there is no harm in that; they would then share in it and in what it produces, such as milk or offspring, according to their shares. The young camel (foal) is divided in the same proportion if sold or slaughtered. If he dies leaving only siblings, without a father or mother, the siblings inherit, with the male receiving the equivalent of the share of two females.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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