Q:
We are full siblings except one of us, who is a paternal half-brother. He is single and his mother is the divorcee of our father. She also has children from another man. Our father died leaving a herd of camels and our paternal half-brother died before receiving his share of the inheritance. Are his mother and his maternal siblings entitled to his share of the inheritance?
Also, are we entitled to inherit his share from his mother? Please advise us, may Allah safeguard you.
A:
Your father's estate is to be distributed according to the limitation of succession document. After identifying your paternal half-brother’s share of the inheritance, it is added to any other money or property he left, which is then distributed among his heirs: his mother and paternal and maternal siblings mentioned in the attached limitation of succession document. His mother is entitled to receive one-sixth and his maternal siblings are entitled to receive one-third distributed equally amongst them. However, his paternal siblings are entitled to receive the remaining by agnation, in which the share of a male is twice that of a female. His paternal siblings are not entitled to inherit from his mother because he died before his mother and so she inherited from him, and he did not.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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