Q 3:
What is the correct opinion in Al-Mas'alah Al-Mushtarakah (The Common Issue, meaning, a woman dies leaving behind a husband, a mother, two half brothers and one or more full brother)? Are the half brothers entitled to one-third of the estate with the husband and the mother, while the full brothers have no right in inheritance according to the view of Ahmad ibn Hanbal and Abu Hanifah, or shall they share the one-third with them according to
the view of
Malik
and
Al-Shafi`y?
What is the preponderant and applicable opinion in this regard? Could you kindly advise us.
A:
The preponderant opinion in this regard is that the full brothers will not inherit with the half brothers due to the saying of the Prophet (peace be upon him):
Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive them. After that, whatever remains, should be given to the closest male relative of the deceased.
Agreed upon its authenticity. This is the view of
Ahmad and
Abu Hanifah. It is also the saying of
`Aly,
Ibn Mas`ud,
Ubay ibn Ka`b,
Ibn `Abbas and
Abu Musa (may Allah be pleased with them all).
`Umar (may Allah be pleased with him) gave the same ruling in the beginning. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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