What is the share of each heir for a son who died before his parents and has brothers and sisters?
The siblings are excluded by the father and inherit nothing. Therefore, the inheritance is exclusively between the father and the mother. The mother receives one-sixth due to the presence of siblings, as stated in the Almighty's words: "If he has siblings, then his mother receives one-sixth." The remainder goes to the father, both as a prescribed share and by way of residuary right, based on the : "Give the prescribed shares to their rightful recipients, and whatever remains is for the closest male heir." Here, the siblings are excluded by the father, yet they still reduce the mother's share from one-third of the estate. Inheritance cases should be referred to courts due to the possibility of wills or debts that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 57837
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy