2820. The third class consists of the paternal uncle and aunt, and the maternal uncle and aunt, and their children, in the manner that was presented earlier, in the sense that they will only inherit if the deceased is not survived by anyone from the first or second class.
2821. If the deceased is survived by only one paternal uncle or aunt, regardless of whether he/she shares the same mother and father with the father of the deceased, or only shares the same father, or only the same mother, he/she will inherit all of the estate. However, if he is survived by several paternal uncles or several paternal aunts, and all of them share the same mother and father, or share the same father, then the estate will be divided equally amongst them. If, however, both the paternal uncles and aunts are present, and all of them share the same mother and father, or they all share the same father, then the uncles will inherit twice the inheritance of the aunts. For example, if the deceased is survived by two paternal uncles and one paternal aunt, then the estate will be divided into five parts. One part will be given to the aunt, and the uncles will divide the remaining four parts equally amongst themselves.
2822. If the deceased is survived by some of his paternal uncles or aunts who share the same mother (with his father), the estate will be divided equally amongst them. However, if he is survived by both his paternal uncles and aunts who share the same mother, then obligatory precaution dictates that they should reach a compromise in distributing the inheritance.
2823. If the heirs of a deceased are his paternal uncles and aunts, and some of them share the same father and mother (with his father), whilst others share the same father only, and yet others share the same mother only, then the uncles and aunts who share the same father only will not inherit anything. Therefore, if the deceased is survived by one paternal uncle or aunt who shares the same mother, the estate—according to a great number of renowned scholars—will be divided into six parts, one of which will go to the paternal uncle or aunt who shares the same mother, and the remaining will go to the paternal uncle or aunt who shares the same father and mother. In the event that such an uncle or aunt is not present, it will go the paternal uncle or aunt who shares the same father. However, the obligatory precaution is that the paternal uncle or aunt who shares the same father and mother or the same father, should reach a compromise with the paternal uncle or aunt who shares the same mother in one part of the five parts.
If, however, the deceased is survived by a paternal uncle and a paternal aunt who share the same mother, they should divide the estate into three parts. Two parts of it should be given to the paternal uncle or aunt who share the same father and mother, and in the event of their absence, it should be given to the paternal uncle and aunt who share the same father. The other part should be given to the paternal uncle and aunt who share the same mother.
The paternal uncle who shares the same father and mother, or shares the same father, will inherit twice the inheritance of the maternal aunt who shares the same father and mother, or shares the same father. In the case of paternal uncles and aunts who share the same mother, the obligatory precaution is that they reach a compromise settlement.
2824. If the deceased is survived by only one maternal uncle or one maternal aunt, he/she will inherit the entire estate. However, if both the maternal uncle and maternal aunt are present, and both share the same mother and father, or share the same mother, or share the same father, then according to a great number of renowned scholars, the estate will be distributed equally amongst them. However, the obligatory precaution is that the maternal uncle and aunt should reach a compromise in the distribution of the estate.
2825. If the deceased is survived by only one maternal uncle or aunt who shares the same mother, and a maternal uncle or aunt who shares the same mother and father, and in the absence of an uncle or aunt who shares the same mother and father, he is survived by a maternal uncle or aunt who share the same father only, then a great number of renowned scholars have stated that the estate should be divided into six parts, of which one part should be given to the maternal uncle or aunt who shares the same mother, and the remaining parts should be given to the maternal uncle or aunt who share the same mother and father, or the same father. They also mention that, in the event that both the maternal uncle and the maternal aunt who share the same mother are present, the estate should be divided into three parts, of which one part will go to the maternal uncle and aunt who share the same mother, and two parts will go the maternal uncle or aunt who share the same mother and father, or the same father.
However, the obligatory precaution in both cases is that the uncles and aunts who share the same mother should reach a compromise settlement with those who share the same father. Similarly, the maternal uncles and aunts should also reach a compromise settlement amongst themselves.
2826. If the deceased is survived by one or more maternal uncles, or one or more maternal aunts, or maternal uncles and aunts and one or more paternal uncles, or one or more paternal aunts, or maternal uncles and aunts, then the estate will be divided into three parts. One part will belong to the maternal uncle or aunt, or both of them, and the remaining two parts will belong to the paternal uncle or aunt, or both of them.
2827. If the deceased is survived by one maternal uncle or aunt, and one paternal uncle and aunt then, if the paternal uncle and aunt share the same mother and father, or the same father, the estate will be divided into three parts. The maternal uncle or aunt will inherit one of the parts, and of the remaining part, two parts of it will belong to the paternal uncle and one part of it will belong to the paternal aunt. Hence, the estate will effectively be divided into nine parts, of which three parts will go to the maternal uncle or aunt, and four parts of it will go to the paternal uncle and two parts to the paternal aunt.
2828. If the deceased is survived by one maternal uncle or maternal aunt, and one paternal uncle or aunt who shares the same mother (with his father), and a paternal uncle and aunt who share the same mother and father, or the same father only, the estate should be divided into three parts. One part will belong to the maternal uncle or aunt, and the remaining two parts, according to a great number of renowned scholars, will be divided into six parts. One of these six parts will belong to the paternal uncle or aunt who shares the same mother, and the remaining will belong to the paternal uncle and aunt who share the same mother and father, or the same father only. In the latter case, the paternal uncle will inherit twice the inheritance of the paternal aunt. Hence, if the estate is divided into nine parts, three parts will belong to the maternal uncle or aunt, and one part will belong to the paternal uncle or aunt who shares the same mother, and five parts will belong to the paternal uncle and aunt who share the same mother and father, or share the same father only. However, the obligatory precaution is that the paternal uncle and aunt who share the same father should work out a compromise with the paternal uncle or aunt who shares the same mother, with respect to one part of the five parts.
2829. If the deceased is survived by a number of maternal uncles and aunts, all of whom share the same father and mother (with his father), or the same father only, or the same mother only, and is also survived by some paternal uncles and aunts, the estate will be divided into three parts. Two parts will belong to the paternal uncles and aunts. In the event that they share the same mother and father, or the same father only, the paternal uncles will inherit twice the inheritance of the paternal aunts. However, if they share the same mother only, then obligatory precaution dictates that they work out a compromise. The remaining one part of the three parts will belong to the maternal uncles and aunts, and obligatory precaution dictates that they work out a compromise.
2830. If the deceased is survived by a number of maternal uncles or aunts who share the same mother only (with his father), and a number of maternal uncles and aunts who share the same mother and father, or the same father only (in the event that the ones who share the same mother and father are not present), and is also survived by his paternal uncles and aunts, the estate should be divided into three parts. Two parts will belong to the paternal uncle and aunt, and they will distribute it amongst themselves in the manner explained in the previous article. The remaining part will also be distributed in the manner elaborated previously.
2831. If the deceased is not survived by any paternal uncles or aunts, and neither by any maternal uncles or aunts, then the shares of the paternal uncles and aunts will go to their children, and the shares of the maternal uncles and aunts will go to their children.
2832. If the deceased is survived by the paternal uncles and aunts, and the maternal uncles and aunts of his father, and the paternal uncles and aunts and the maternal uncles and aunts of his mother, the estate will be divided into three parts. According to a number of renowned scholars, one part will be distributed equally between the paternal uncles and aunts, and the maternal uncles and aunts of his mother. The other two parts will be divided into three parts, of which the maternal uncle and aunt of his father will divide one part of it equally amongst themselves, and the other two parts will belong to the paternal uncle and aunt of his father, wherein the uncle will inherit twice the inheritance of the aunt.
However, the obligatory precaution is that the paternal uncles and aunts, and the maternal uncles and aunts of his mother, should work out a compromise with respect to the distribution of one third of the entire estate. Similarly, the maternal uncle and aunt of the father should work out a compromise between themselves with respect to the distribution of one third of the two thirds. As for the paternal uncle and aunt of his father, they should act in the manner prescribed in article 2823.
