2792. The following three classes will inherit from a deceased owing to cognateness:
1. The mother, father and the children of the deceased. If no children are present, his grandchildren regardless of their generation will inherit from him, and among them the generation that is closest to the deceased. As long as one person from this class is present, the second class will not inherit from the deceased.
2. The grandfather, grandmother, sister and brother. In the absence of a brother or sister, their children will inherit from the deceased, and amongst them the ones who are closest to the deceased. As long as one person from this class is present, the third class will not inherit from the deceased.
3. The paternal uncle and aunts, and the maternal uncle and aunts. As long as one of the paternal uncle and aunts, or the maternal uncles and aunts are alive, none of their children will inherit from the deceased. However, if the only heirs of the deceased are the paternal step uncle and the son of a paternal uncle, then the inheritance will go to the son of the paternal uncle and not the paternal step uncle. In a case other than this, especially when two maternal uncles or aunts are also present with them, the obligatory precaution is that they should reach a settlement compromise.

2793. In the absence of the paternal uncles and aunts of the deceased, and his maternal uncles and aunts, and in the absence of their children, including any successive generations, the paternal uncles and aunts of his parents, and their maternal uncles and aunts will inherit from him. If they are not present either, their children will inherit from him. If they are not present either, the paternal uncles and aunts of the grandmother and grandfather, and their maternal uncles and aunts will inherit from him. If they too are not present, their children will inherit from him.

2794. A husband and wife inherit from each other, in a manner that will be elaborated in later articles.

2795. If the heir of the deceased is one person in the first class, such as a father, mother, son or daughter, all of the deceased’s estate will go to him. However, if there are a few sons or a few daughters, the estate will be divided equally between them. However, if there are sons and daughters, then the estate will be divided in a manner that each son will receive twice the amount given to each daughter.

2796. If the only heirs of the deceased are his mother and father, the estate will be divided into three parts: two parts for the father, and one part for the mother.
However, if the deceased has two brothers, or four sisters, or one brother and two sisters, all of whom are free Muslims, and they are all paternal (meaning that they share the same father with the deceased, regardless of whether they share the same mother or not), and they are not in the wombs of their mothers, then even though they will not inherit anything from the deceased given the presence of the mother and father, however with their presence, the mother will inherit one-sixth of the estate and the rest will go to the father.

2797. If the only heirs of the deceased are his mother, father and one daughter, then given that the deceased does not have two brothers, or four sisters, or one brother and two paternal sisters (in the manner described in the previous article), the estate will be divided into five parts, from which the mother and father will inherit two parts and the daughter will inherit three parts.
However, if he does have two brothers, or four sisters, or one brother and two paternal sisters (in the manner described in the previous article), then the estate will be divided into six parts, of which the mother and father will inherit two parts, and the daughter will inherit three parts. The remaining one part will be divided into four parts, one of which will be inherited by the father, and the other three by the daughter. In effect, the estate will be divided into twenty four parts, of which fifteen parts will go to the daughter, five parts to the father and four parts to the mother. The strongly emphasized precaution in this case is that with consent from the daughter and father, the estate should be divided into five parts.

2798. If the only heirs of a deceased are his father, mother and one son, they will divide the estate into six parts, of which the mother and father will each take one part, and the son will take four parts. However, if he has a few sons, or a few daughters, they will divide the four parts equally between themselves. If however he has both daughters and sons, then the four parts will be divided in a manner that each son will take twice the amount of each daughter.

2799. If the only heirs of the deceased are his mother or father, and one or more sons, then the estate will be divided into six parts, of which the mother or father will take one part, and the son will take five parts. If he has a few sons, the five parts will be divided equally amongst them.

2800. If the only heirs of the deceased are his mother or father, a son and a daughter, then the estate will be divided into six parts, of which the mother or father will take one part. The remaining five parts will be divided amongst the son and daughter in a manner that the son will inherit twice the amount of the daughter.

2801. If the only heirs of the deceased are his mother or father, and one daughter, the estate will be divided into four parts, of which the mother or father will inherit one part, and the remaining will be inherited by the daughter.

2802. If the only heirs of the deceased are his mother or father, and a few daughters, the estate will be divided into five parts, of which the mother or father will inherit one part. The remaining four parts will be equally divided amongst the daughters.

2803. If the deceased does not have children (who are alive), his grandchild from his son will inherit the share of the deceased son, even if she is a daughter. Similarly, his grandchild through his daughter will inherit the share of the deceased daughter, even if he is a son. For example, if the deceased had a grandson through his daughter, and a granddaughter through his son, the estate will be divided into three parts, of which one part will be given to the son of his daughter, and the other two parts to the daughter of his son.

2804. The second class of people who inherit due to cognateness are the grandfather, the grandmother, and the brother and sister of the deceased. If the deceased’s brothers or sisters are not alive, their children and grandchildren from any generation will inherit from him.س

2805. If the only heir of the deceased is one brother or one sister, he or she will inherit the entire estate. If he has more than one full brother, or more than one full sister, the estate will be divided equally amongst them. However, if he has both full brothers and full sisters, then each brother will inherit twice the inheritance of each sister. For example, if he has two full brothers and one full sister then the estate will be divided into five parts, of which each brother will inherit two parts, and the sister will inherit one part.

2806. If the deceased has full brothers and sisters, then his step brothers and sisters who do not share the same mother will not inherit from him. However, if he has no full brothers or sisters, then if he has only one step brother or sisters who share the same father, he or she will inherit the entire estate. If he has a few step brothers or a few step sisters who all share the same father, then the estate will be equally divided amongst them. If however he has some step brothers and some step sisters who all share the same father, then each brother will inherit twice the inheritance of each sister.

2807. If the heir of the deceased is one step brother or step sister who shares the same mother with him, then he or she will inherit the entire estate. If however he has a few step brothers, or a few step sisters, or a few step brothers and sisters, all of whom share the same mother with him, then the estate will be equally divided amongst them.

2808. If the deceased has full brothers and sisters, step brothers and sisters who share the same father with him, and a step brother or sister who share the same mother with him, then the step brothers and sisters who share the same father with him will not inherit from him. The estate will then be divided into six parts, of which the step brother or sister who share the same mother with him will inherit one part. The rest will go to the full brothers and sisters, where each brother will inherit twice the inheritance of each sister.

2809. If the deceased has full brothers and sisters, and step brothers and sisters who share the same father with him, and a few step brothers and sisters who share the same mother with him, then the step brothers and sisters who share the same father will not inherit from him. The estate will then be divided into three parts, of which the step brothers and sisters who share the same mother with him will inherit one part, which will be equally divided amongst them. The remaining will go to the full brothers and sisters, where each brother will inherit twice the inheritance of each sister.

2810. If the only heirs of a deceased are step brothers and sisters who share the same father with him, and one step brother or step sister who shares the same mother with him, then the estate will be divided into six parts, of which the step brother or sister who shares the same mother will inherit one part. The remaining will go to the step brothers and sisters who share the same father with him, wherein each brother will inherit twice the inheritance of each sister.

2811. If the only heirs of a deceased are his step brothers and sisters who share the same father, and a few step brothers and sisters who share the same mother, then his estate should be divided into three parts, of which the step brothers and sisters who share the same mother with him will inherit one part, which they will equally share amongst themselves. The remaining will go to the step brothers and sisters who share the same father, wherein each brother will inherit twice the inheritance of the sisters.