Friday, December 2, 2022 - 8 Jumada al-Ula 1444

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Is there any share of a grand son whose father has died earlier in the estate of grand father?

Is there any share of a grand son whose father has died earlier in the estate of grand father?

Answer

Scholars have two opinions if the grandchild is omitted due to the presence of relatives of a higher degree:

- Some scholars maintain that a grandchild is entitled to inheritance through al-Wasiya al-Wajiba [obligatory bequest] i.e. the grandchildren can spontaneously receive the share that their father would have received if he were alive provided that it does not exceed one-third of the estate. This is based on the general meaning of words of Allah Almighty:

Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous [Al-Baqarah, 180).

This is the opinion implemented by fatwa and law in Egypt and many Arab Islamic countries.
- Other scholars maintain that such a grandchild is omitted by the presence of his paternal uncles and is thus not entitled to receive anything from the estate.