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A woman died and left behind three daughters, grandchildren (daughter’s children), a full brother, a full sister, and sons of the full brother

Question: 195240

A woman died and left behind three daughters, grandchildren from a daughter who died (males and females), a full brother, a full sister, and children of the full brother who died.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

If
the woman died and left behind three daughters, a full brother and sister,
children of the full brother, and sons and daughters of a deceased daughter,
then the estate is to be divided as follows: 

The daughters get two thirds, because Allah, may He be exalted, says
(interpretation of the meaning):

“if (there are) only daughters, two or more, their share is
two thirds of the inheritance”

[an-Nisa’ 4:11]. 

The full brother and the full sister get the remainder, on the grounds that
they are relatives on the father’s side, with the male getting the share of
two females, because Allah, may He be exalted, says (interpretation of the
meaning):

“if there are brothers and sisters, the male will have twice
the share of the female”

[an-Nisa’ 4:176]. 

The children of the full brother do not get anything, because they are
prevented from inheriting by the presence of their paternal uncle. 

Similarly, the children of the deceased daughter do not get anything,
because the children of daughters do not get a share of inheritance, whether
it is an allocated share or by virtue of being relatives on the father’s
side. 

So
the estate is divided into thirds: the daughters get two thirds, and the
brother and sister get one third. 

As
the share of the daughters cannot be divided properly – because their share
is two parts, and their number is three – and this is also the case with
regard to the brother and sister – their number is three and their share is
one part – the estate should be divided into nine parts, then the correct
way to divide it is as follows: 

The daughters get two thirds of nine parts, which is six parts, each
daughter getting two parts. 

The full brother and the full sister get the remainder, which is three
parts, with the male getting the share of two females. So the brother gets
two parts and the sister gets one part. 

And Allah knows best.

Source

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