What is the distribution of inheritance when a deceased leaves behind a son of two paternal uncles (one of whom is a uterine brother), and a daughter or granddaughter?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When the heirs are a daughter or granddaughter, and a male relative who is both a son of two paternal uncles and a uterine brother, the daughter or granddaughter receives half the estate. The remainder is divided equally between the two sons of the paternal uncles. The uterine brotherhood is set aside due to the presence of the daughter or granddaughter. If the relative who is not the uterine brother is a son of two paternal uncles from both parents, he takes the entire remainder as residuary heir (Asabah). The primary division is based on the clear ruling regarding the daughter's priority in blocking the uterine kinship's inheritance share.
Supporting text
Ibn Mas'ud holds that the remainder goes entirely to the brother in both scenarios, reasoning that the full brother (from both parents) precedes the half-brother (from the father only) due to the mother's kinship. Therefore, if a daughter is present, she supersedes the mother's kinship's inheritance claim. Sa'id ibn Jubayr is reported to hold that the remainder belongs to the son of the paternal uncle who is not a uterine brother, even if he is related through the father only, because such a relative inherits through two lines of kinship with a single share, and if one line is blocked by a predetermined share, his entire inheritance is nullified, similar to how a uterine brother is excluded when the shares exhaust the estate.