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The question

How is the inheritance divided if the deceased left behind: one wife, two daughters, and other heirs who are: a son of a brother's son, a daughter of a brother's son, a son of a sister, and a daughter of a sister?

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

The nephew (sister's son), niece (sister's daughter), and brother's granddaughter are not heirs. The brother's grandson inherits if he is a full-brother's son or a paternal-brother's son, and he takes what remains after the sharers (those with fixed shares). If the deceased leaves behind only a wife, two daughters, and a (inheriting) brother's grandson, then the wife receives one-eighth due to the presence of an inheriting offspring. Allah Almighty says: "But if you have a child, then for them [the wives] is one eighth of what you leave, after any bequest you [may have] made or debt." (Quran 4:12). The two daughters collectively receive two-thirds by consensus. The remainder goes to the inheriting brother's grandson by virtue of 'asaba (agnatic succession), based on the saying of the Prophet (peace be upon him): "Give the shares to those who are entitled to them, and what remains is for the nearest male."

The inheritance is divided into twenty-four shares: - The wife: three shares (one-eighth). - The two daughters: sixteen shares (two-thirds), eight shares for each. - The inheriting brother's grandson: five shares (the remainder).

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
121737
Imported
Translation status
Source text, unreviewed
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