Nephews inheriting in the case where there are no living sons or brothers
Question
My father has passed away few days before and I want to ask you about distribution of inheritance. My father passed away leaving behind:
- One wife
- Three daughters
- Both parents have already passed away
- He had 3 siblings and they all passed away in my father's lifetime
- 1st elder sister who already passed away left behind 1 husband and 2 daughters
- 2nd elder brother who also passed away left behind 1 wife, 1 son and 2 daughters
- 3rd younger brother who left behind 1 wife, 3 daughters and 1 son.
In this case who will inherit and in what ratio? We are confused whether the nephews will also inherit or not. Please clear that.
Answer
The estate will be divided into 144 equal shares and distributed as follows:
Wife will receive 18 shares
Each daughter will receive 32 shares
Each of the two nephews (late brothers' sons) will receive 15 shares.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/28519
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-28519
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