Do the deceased's brother's sons inherit, or only her two daughters, and what is the share of inheritance in both cases?
If the mother dies and leaves behind two daughters and sons of full or paternal brothers, the two daughters receive two-thirds, based on the Almighty's saying: (But if there are two, they receive two-thirds of what she leaves), and based on the hadith of Jabir that the Prophet (peace be upon him) ruled two-thirds for Sa'd's two daughters. The remaining portion goes to the male sons of brothers, to be divided equally among them, based on the Prophet's (peace be upon him) saying: (Give the prescribed shares to those entitled to them, and what remains goes to the nearest male heir).
However, if she dies during the waiting period (iddah) of a revocable divorce, the husband is entitled to one-fourth, based on the Almighty's saying: (But if they have a child, you get a fourth of what they leave), and the two daughters receive two-thirds, with the remainder going to the sons of full or paternal brothers.
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- Ftawy
- Original fatwa ID
- 21249
- Imported
- Translation status
- Source text, unreviewed
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