2812. If the only heirs of a deceased are his brothers, sisters and wife, then his wife will inherit according to the structure that will be elaborated in later articles. The brothers and sisters will inherit their share as elaborated in the previous article.
Similarly, if a woman passes away, and her only heirs are her brothers, sisters and husband, then the husband will inherit half of her estate, and her brothers and sisters will inherit their share as elaborated in the previous article.
However, although the husband or wife inherit from the deceased, nothing will be decreased from the share of the step brothers and sisters who share the same mother with the deceased; rather, there will be a reduction in the inheritance of the full brothers and sisters, or the step brothers and sisters who share the same father with the deceased.
For example, if the heirs of the deceased are her husband, her step brothers and sisters who share the same mother with her, and her full brothers and sisters, then half of the estate will go to the husband. Thereafter, one-third of the original estate will be inherited by the step brothers and sisters who share the same mother with her. That which remains will belong to the full brothers and sisters. So if for example, his entire estate is $6000, then $3000 will go to her husband, and $2000 to the step brothers and sisters who share the same mother with her, and $1000 to her full brothers and sisters.
2813. If a deceased has no brothers or sisters, then their share of the inheritance goes to their children. The share of the children of the step brothers or sisters who share the same mother with him, will be divided equally amongst them. However, the share of the children of the full brothers and sisters, or children of the step brothers and sisters who share the same mother with him, will be divided in a manner that each son receives twice the inheritance of each daughter, although the more precautionary course of action is to reach a compromise settlement.
2814. If the only heir of a deceased is one grandfather, or one grandmother, be they paternal or maternal, then he or she will inherit the entire estate. Given the presence of the deceased’s grandfather, his great grandfather will not inherit from him.
If the only heirs of the deceased are his paternal grandfather and grandmother, the estate will be divided into three parts, of which the grandfather will inherit two parts, and the grandmother one part. However, if the heirs are his maternal grandfather and grandmother, then they will divide the estate equally amongst themselves.
2815. If the only heirs of the deceased is one paternal grandfather or grandmother, and one maternal grandfather or grandmother, then the estate will be divided into three parts, of which the paternal grandparent will inherit two parts and the maternal grandparent will inherit one part.
2816. If the heirs of a deceased are his paternal and maternal grandparents, then the estate will be divided into three parts, of which the maternal grandparents will inherit one part, which they will equally share amongst themselves. The other two parts will be given to the paternal grandparents, of which the grandfather will inherit twice the inheritance of the grandmother.
2817. If the only heirs of a deceased are his wife and his paternal and maternal grandparents, then his wife will inherit according to the precepts that will be elaborated in later articles. One third of the original estate will go to the maternal grandparents, who will divide it equally amongst themselves. The remaining will go to the paternal grandparents, of which the grandfather will inherit twice the inheritance of the grandmother.
If the heirs of a deceased are her husband and grandparents, then her husband will inherit half of her estate. As for her grandparents, they will inherit according to the precepts that were elaborated in the previous article.
2818. In the event that the brothers and sisters are joint heirs with the grandparent or grandparents, it can take the following few forms:
1. The grandfather or grandmother, brothers or sisters are all from the mother’s side. In this case, the estate will be divided equally between them, even if they differ from each other in gender.
2. All of them are from the father’s side. In this case, the estate will be distributed equally between them assuming that all of them are male, or all of them are female. If they differ in gender, then every male will inherit twice the inheritance of a female.
3. The grandfather or grandmother is from the father’s side and the brothers and sisters are from the mother’s side. The ruling for this case is the same as the previous case. It was also clarified in article 2809 that if the brothers and sisters who only share the same father with the deceased combine with his brothers and sisters who share the same father and mother, then only those who only share the same father will not inherit from him.
4. Some of the grandfathers or grandmothers are paternal and some are maternal, regardless of whether all are male, all are female or they differ in gender, and the brothers and sisters are also similar.
In this case, the maternal relatives, which includes the brothers, sisters, grandfathers and grandmothers will receive one-third of the estate, and it will be distributed equally amongst them, even if they differ in gender. The paternal relatives will receive two-thirds of the estate, wherein every male will receive twice the inheritance of a female. However, if they do not differ in gender, in that all are male or all are female, then it will be distributed equally amongst them.
5. The paternal grandmother or grandfather is present along with a maternal brother or sister. In this case, the brother or sister, given that there is only one of them, will inherit one-sixth of the estate. However, if they are more than one, they will inherit one-third of the estate equally amongst themselves. The grandfather or grandmother will inherit the remaining estate. In the event that both the grandmother and grandfather are present, the grandfather will inherit twice the amount inherited by the grandmother.
6. The maternal grandmother or grandfather is present along with a paternal brother. In this case, the grandmother or grandfather will inherit one-third even if there is only one of them, and the other two-thirds are for the brother, even if there he is the only one.
However, if the maternal grandmother or grandfather is present along with a paternal sister, the sister will inherit half the estate if she is alone. If, however there are many sisters, they will inherit two-thirds of the estate. In both cases, the grandfather or grandmother will only inherit one-third of the estate.
Hence, if there is only one sister, one-sixth of the estate is left over after the obligatory distribution. The stronger view is that it returns to the sister, although the more precautious view is to reach a compromise.
7. Some of the grandmothers and grandfathers are paternal and some are maternal, and paternal brothers or sisters are present with them, be it a single sibling or multiple siblings. In this case, the maternal grandfather or grandmother will inherit one-third of the estate, and if they are more than one, they will divide it equally amongst themselves even if they are of different genders. The paternal grandfather or grandmother, and the paternal brothers or sisters will inherit the remaining two-thirds of the estate. If they are of differing genders, the male members will inherit twice the inheritance of the female members, and if they are of the same gender, they will inherit an equal portion.
If maternal brothers or sisters are present with the grandfathers or grandmothers, then the maternal grandparents and the maternal brothers and sisters will inherit one-third of the estate, which will be divided equally amongst them, even if they are of differing genders. The paternal grandfather or grandmother will inherit two-thirds of the estate. In the case where they are of differing genders, the male-members will inherit twice the inheritance of the female members, and if they are of the same gender, the inheritance will be divided equally amongst them.
8. Some of the brothers and sisters are paternal and some of them are maternal, and a paternal grandfather or grandmother is present with them. In this case, the maternal brother or sister will inherit one-sixth of the estate if he/she is alone, or one-third of it if they are more than one. In the latter case, it will be divided equally amongst them.
The paternal brothers and sisters, and the paternal grandparent(s) will inherit the remaining estate. The estate will be divided equally amongst themselves if they do not differ from each other in gender, and if they do, then the male relatives will inherit twice the amount of the female relatives.
If the maternal grandparents are present with the brothers and sisters, then the maternal grandparents and the maternal brothers and sisters will inherit one-third of the estate, which will be distributed equally amongst them. The paternal brothers and sisters will inherit the remaining two-thirds. If they are all of the same gender, it will be distributed equally amongst them, and if they are of differing genders, the brothers will inherit twice the inheritance of the sisters.
2819. In the event that the deceased is survived by a brother or sister, the children of his brother or sister will not inherit from him. However, this precept does not apply in the case where the inheritance of his brother’s or sister’s children does not conflict with the inheritance of his brother or sister. For example, if a deceased leaves behind a paternal brother and a maternal grandfather, then the paternal brother will inherit two-thirds and the maternal grandfather will inherit one-third. In this case, if the deceased is also survived by the son of his maternal brother, then the brother’s child will share the one-third with the maternal grandfather.
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.