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Chapter thirty-eight » Inheritance of the third group → ← Chapter thirty-eight » Inheritance of the first group

Chapter thirty-eight » Inheritance of the second group

Ruling 2757. The second group of persons who inherit on the basis of kinship consists of the deceased’s grandfathers, grandmothers, brothers, and sisters; and if the deceased does not have any brothers or sisters, their offspring inherit.

Ruling 2758. If the only heir of the deceased is one brother or one sister, he or she inherits the entire estate. If he has more than one full brother or more than one full sister, the estate is divided equally between them. And if he has both full brothers and full sisters, then every brother receives twice the share of every sister. For example, if he has two full brothers and one full sister, the estate is divided into five parts: each brother receives two parts while the sister receives one part.

Ruling 2759. If the deceased has full brothers and full sisters, his half-brothers and half-sisters who have the same father as the deceased but a different mother do not inherit from him. If he has no full brothers or full sisters and has only one paternal half-sister or only one paternal half-brother, then the entire estate is inherited by him or her. If he has more than one paternal half-brother or more than one paternal half-sister alone, then the estate is divided equally between them. And if he has paternal half-brothers as well as paternal half-sisters, then every half-brother receives twice the share of every half-sister.

Ruling 2760. If the only heir of the deceased is one maternal half-sister or one maternal half-brother, their father being different to the father of the deceased, he or she inherits the entire estate. And if he has more than one maternal half-brother or more than one maternal half-sister, or more than one of both [i.e. more than one maternal half-brother and more than one maternal half-sister], then the estate is divided equally between them.

Ruling 2761. If the deceased has full brothers and full sisters as well as paternal half-brothers and paternal half-sisters and one maternal half-brother or one maternal half-sister, the paternal half-brothers and paternal half-sisters do not inherit. In this case, the estate is divided into six parts: one part is received by the maternal half-brother or maternal half-sister, and the remainder is divided among the full brothers and full sisters with every brother receiving twice the share of every sister.

Ruling 2762. If the deceased has full brothers and full sisters as well as paternal half-brothers and paternal half-sisters and more than one maternal half-brother and maternal half-sister, the paternal half-brothers and paternal half-sisters do not inherit. In this case, the estate is divided into three parts: one part is divided equally between the maternal half-brothers and maternal half-sisters, and the remainder is divided between the full brothers and full sisters with every brother receiving twice the share of every sister.

Ruling 2763. If the only heirs of the deceased are his paternal half-brothers and paternal half-sisters and one maternal half-brother or one maternal half-sister, the estate is divided into six parts: one part is received by the maternal half-brother or maternal half-sister, and the remainder is divided between the paternal half-brothers and paternal half-sisters with every brother receiving twice the share of every sister.

Ruling 2764. If the only heirs of the deceased are his paternal half-brother and paternal half-sister and more than one maternal half-brother and maternal half-sister, the estate is divided into three parts: one part is shared equally between the maternal half-brothers and maternal half-sisters, and the remainder is received by the paternal half-brother and paternal half-sister with every brother receiving twice the share of every sister.

Ruling 2765. If the only heirs of the deceased are his brother, sister, and wife, the wife inherits as per the details that will be mentioned later, and the sister and brother inherit as stated in the previous rulings. Furthermore, if a woman dies and her only heirs are her sister, her brother, and her husband, the husband inherits half of the estate and the sister and the brother inherit as stated in the previous rulings. However, for the wife or husband to inherit, nothing is deducted from the share of the maternal half-brother and maternal half-sister, but there is a deduction from the share of the full brother and full sister or paternal half-brother and paternal half-sister. For example, if the heirs of the deceased are her husband, maternal half-brother and maternal half-sister, and full brother and full sister, then half of the estate is received by the husband, and one-third of the estate is received by the maternal half-brother and maternal half-sister, and whatever remains is the property of the full brother and full sister. Therefore, if the total estate of the deceased is £6000, £3000 goes to the husband, £2000 goes to the maternal half-brother and maternal half-sister, and £1000 is the share of the full brother and full sister.

Ruling 2766. If the deceased does not have a sister or a brother, their share of the inheritance is given to their offspring, and the share of the maternal half-brother’s child and maternal half-sister’s child is divided equally among them. As for the share of the paternal half-brother’s child and paternal half-sister’s child, or the child of the full sibling, based on the well-known (mashhūr) juristic opinion, every son receives twice the share of the daughter. However, it is not farfetched (baʿīd)(1) that the estate must be divided equally between them and, based on obligatory precaution, they must arrive at a settlement.

Ruling 2767. If the only heir of the deceased is one grandfather or one grandmother, irrespective of whether they are paternal or maternal, the entire estate is inherited by him/her. The great grandfather of the deceased does not inherit as long as the grandfather is alive. If the only heirs of the deceased are his paternal grandfather and paternal grandmother, the estate is divided into three parts: two parts are inherited by the grandfather and one part by the grandmother. And if the heirs are his maternal grandfather and maternal grandmother, the estate is divided equally between them.

Ruling 2768. If the only heir of the deceased is one paternal grandfather or paternal grandmother as well as one maternal grandfather or maternal grandmother, the estate is divided into three parts: two parts are inherited by the paternal grandfather or paternal grandmother, and one part is inherited by the maternal grandfather or maternal grandmother.

Ruling 2769. If the heirs of the deceased are paternal grandparents and maternal grandparents, the estate is divided into three parts: one part is divided equally between the maternal grandfather and the maternal grandmother, and the remaining two parts are inherited by the paternal grandfather and the paternal grandmother with the paternal grandfather receiving twice the share of the paternal grandmother.

Ruling 2770. If the only heirs of the deceased are his wife and his paternal grandparents and his maternal grandparents, his wife inherits as per the details that will be mentioned later. One-third of the estate of the deceased is received by the maternal grandparents, divided equally between them. The remainder is received by the paternal grandparents with the paternal grandfather receiving twice the share of the paternal grandmother. If the heirs of the deceased are her husband and her paternal and maternal grandparents, the husband receives half of the estate and the grandparents inherit in accordance with the instructions that were mentioned in the previous rulings.

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.

Ruling 2772. If the deceased has a brother or sister, their children do not inherit. However, this rule does not apply when the inheritance of a brother’s child or sister’s child does not clash with that of the brother or sister. For example, if the deceased has a paternal half-brother and maternal grandfather, the paternal half-brother inherits two-thirds and the maternal grandfather inherits one-third of the estate. In this case, if the maternal half-brother of the deceased has a son, then the maternal half-brother’s son shares one-third of the estate with the maternal grandfather.
Chapter thirty-eight » Inheritance of the third group → ← Chapter thirty-eight » Inheritance of the first group
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