Question:
A man left behind a wife and children of a maternal brother and a maternal sister also, and paternal uncles children and there number is 6 boys and 4 girls, and the money was with the female cousin of the paternal uncle ~ and he had raised her and advised her to take from his wealth if she needed to ~ and the amount is about (600,000) Riyāl.
So how is the division of this inheritance JazākAllāhu khairan?
Answer:
The division of the inheritance is as follows, the wife receives a quarter by obligatory share, and what remains is for the male cousins of paternal uncle and not the females by default share, due to the Hadith:
ألحقوا الفرائض بأهلها فما بقي فهو لأولى رجل ذكر
“Join the inheritance with its rightful people and whatever remains is for the closest male relative.”
And the rest of those whom you mentioned are kin, they receive no obligatory or default share.
Ibn Al-Qudāmah said in ‘Al-Mughnī’ (6/275): “Four males cause their sisters to receive default share and prevent them from the obligatory share, and the inheritance is split between them, for the male is twice the share of the female.
They are the son, the son’s son(s) no matter how far down, the full brother, and paternal brother. And the rest of the default share holders of the inheritance is exclusive to the males excluding females.
They are the brothers children, paternal uncles and their children; due to the statement of Allāh;
(يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِۚ)
“Allāh commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females”
[An-Nisā, 11]
So this verse includes the children and the sons children.
And Allāh said;
َۚ (وَإِن كَانُوٓا۟ إِخْوَةً رِّجَالًا وَنِسَآءً فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِۗ)
“If there are brothers and sisters, the male will have twice the share of the female.” [An-Nisā, 176]
This includes the siblings from both parents, and the children on the fathers side, and verily they share because men and women are all inheritors. So if it was designated to women only it would lead to the preferring of the female over the male or her being equal to him, or his share falling completely, so dividing became more just and taking more precedence.
And the rest of the default share holders, their sisters are not from the inheritors, for they are not obligatory share holders, nor do they inherit by themselves, so they don’t inherit anything with their brothers. There is no differing concerning this by the praise of Allāh and His grace.”
End of speech
And the Wasiyyah (bequeathing) to the female cousin of the paternal uncle mentioned after it has authentically being established will be in a third or less only.
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Source: https://t.me/sh_yahia_duroos/8231
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi