The World Federation One Stop Fiqh
Search
Menu

Ruling 2771

When there is a combination of one brother or sister, or some brothers or sisters with grandparents, there are a number of scenarios, as follows.

    1. Each of the grandparents and brother or sister are all from the deceased’s mother’s side. In this case, the estate is divided equally between them even though some of them may be male and others female.

    2. All of them are from the father’s side. In this case also, the estate is divided equally between them provided that all of them are male or all of them are female. If they are of different genders, every male receives twice as much as every female.

    3. Each of the grandfather or grandmother is from the deceased’s father’s side, and the brother or sister are siblings of the deceased. The rule (ḥukm) in this case is the same as the rule in the previous case. And it has previously been established that if the paternal half-brother or paternal half-sister of the deceased combines with a full brother or full sister, the paternal half siblings do not inherit.

    4. The grandfathers or grandmothers, or both, paternal and maternal, are combined with brothers or sisters, or both, who are also paternal and maternal. In this case, one-third of the estate is received by the maternal relatives comprising of the brothers and sisters, grandfathers and grandmothers; this is to be divided equally between the males and the females. And two-thirds of the estate is received by the paternal relatives, with every male receiving twice as much as every female. If all of them are male or all of them are female, then it must be divided equally between them.
    5. A paternal grandfather or grandmother combines with a maternal half-brother or maternal half-sister. In this case, if there is only one maternal half-brother or maternal half-sister, he/she receives one-sixth of the estate, and if there are more than one, then they receive one-third of the estate divided equally among them. The remainder is inherited by the paternal grandfather or paternal grandmother, and if both the paternal grandfather and the paternal grandmother are alive, the paternal grandfather receives twice as much as the paternal grandmother.
    6. The maternal grandfather or maternal grandmother, or both, combine with one or more paternal half-brothers. In this case, one-third is for the maternal grandfather or maternal grandmother, and if both are alive then that one-third is divided equally between them. And two-thirds is for the brother or brothers. If one paternal half-sister combines with those maternal grandparents, then she receives half, and if there are more than one, then they receive two-thirds. In all cases, the share of the maternal grandfather and maternal grandmother is one-third. Based on this, one-sixth of the estate will be left over if there is only one sister. And it is doubtful whether she inherits this or it is divided between her and the maternal grandfather and maternal grandmother; in this case, as an obligatory precaution, they must arrive at a settlement [concerning that remaining one-sixth].
    7. The grandfathers or grandmothers, or both, some paternal and some maternal, are combined with one or more paternal half-brother or paternal half-sister. In this case, one-third is for the maternal grandfather or maternal grandmother. If there are more, it is divided equally among them even if some of them are male and others female. The remaining two-thirds of the estate is for the paternal grandfather or paternal grandmother and the paternal half-brother or paternal half-sister, with each male receiving twice the share of each female. If those grandfathers or grandmothers are combined with a maternal half-brother or maternal half-sister, then the share of the maternal grandfather or maternal grandmother and the maternal half-brother or maternal half-sister is one-third, to be divided equally among them even if some of them are male and others female. The share of the paternal grandfather or paternal grandmother is two-thirds, with the paternal grandfather receiving twice the share of the paternal grandmother.
    8. There are brothers or sisters, some of whom are paternal half siblings and others maternal half siblings, as well as the paternal grandfather or paternal grandmother. In this case, one-sixth of the estate is for the maternal half-brother or maternal half-sister if there is only one of them, and one-third if there are more than one, to be divided equally among them. The remainder of the estate is for the paternal half-brother or paternal half-sister and the paternal grandfather or paternal grandmother with each male receiving twice the share of each female. If those brothers or sisters are combined with a maternal grandfather or maternal grandmother, the total share of the maternal grandfather or maternal grandmother and the maternal half-brother or maternal half-sister is one-third, to be divided equally among them. The share of the paternal half-brother or paternal half-sister is two-thirds, the male receiving twice the share of the female.