Distribution of Inheritance Between a Full-Brother and a Full-Sister

18-2-2023 | IslamWeb

Question:

Assalaamu ?Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 1 (A nephew from a full brother) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 3

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

If the deceased did not leave any heir other than those mentioned in the question, then the entire inheritance should be divided amongst the full-brother and the full-sister by virtue of Ta’seeb (having a paternal relation with the deceased and not having an allotted share, so they get what remains after the allotted shares have been distributed, if any); the male gets twice the share of the female, as Allah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]

However, the nephew (son of the full-brother) does not get anything from the inheritance because he is prevented by the existence of the full-brother.

Nayl Al-Maarib bi Sharh Dalil Al-Talib reads: “The sons of the full-brothers are prevented from the inheritance by the son and grandsons, by the father and the grandfather, by the full brother, and by the brother from the father’s side.” [End of quote]

Therefore, the inheritance should be divided into three shares, two shares for the full-brother and one share for the full-sister.

Allah knows best.