What is the ruling concerning the inheritance rights of the full or paternal half-siblings (siblings from the same father or from both parents) in the presence of a son, son's son, or father?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
A brother or sister, whether full or paternal half, does not inherit if there is a son, a descendant of the son (no matter how far removed), or a father present. The consensus among scholars, as recorded by Ibn al-Mundhir, affirms this ruling. The basis for this is the general meaning of the Quranic verse concerning *Kalalah* (one who dies leaving neither descendant nor ascendant), Quran 4:176. The verse implies that the legal heirs described there—who include siblings—do not inherit when a descendant or ascendant (father) is present, because the verse itself outlines the condition of *Kalalah* as lacking a child and a parent. The structure implies that the paternal/full siblings are veiled (sقط) by the son, the son's son, and the father.
Supporting text
The paternal half-siblings are also veiled by the full sibling, based on the report from Ali, peace be upon him, that the Prophet, peace be upon him, decreed that debts be settled before bequests. Furthermore, full siblings inherit from each other, while paternal half-siblings do not inherit from a pure paternal sibling who has a full sibling.