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Fatwa CenterDivision of inheritance among two sisters and one nephew
Question
Assalaamu alaykum. Please calculate the inheritance according to the following information:
- Does the deceased have male relatives who are entitled to inherit: (a nephew from a full brother) Number 1
- Does the deceased have female relatives who are entitled to inherit : (a full sister) Number 2
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the deceased did not leave behind heirs except two full sisters and one nephew from a full brother, then the two full sisters get two thirds of the estate as a fixed share. Allah, the Exalted, says (what means): {...But if there are two sisters (or more), they will have two-thirds of what he left...} [Quran 4:176]
The remainder goes to the nephew from the full brother by virtue of Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed). The Prophet, sallallaahu ‘alayhi wa sallam, said, "Give the Faraa’idh (the shares of the inheritance that are prescribed in the Quran) to those who are entitled to receive them, and whatever remains should be given to the closest male relative of the deceased." [Al-Bukhaari and Muslim]
Hence, the estate should be divided into three shares; the two full sisters get two shares, each gets a share; and the full brother's son gets the remaining share.
Allah knows best.
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