Is financial support incumbent upon a relative who is prevented from inheriting due to another closer relative?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If a relative is prevented from inheritance by someone closer, the ruling depends on the financial status of the closer relative. If the closer relative is wealthy, the support is incumbent upon them, and nothing is due from the relative who is blocked by them, because the closer relative is prioritized for inheritance, and thus prioritized for support. If the closer relative is impoverished, and the person needing support is among the direct ascendants or descendants (*'amudayn*), the obligation falls upon the next wealthier relative. For example, if a father is destitute and a wealthy grandfather exists, the support is on the grandfather. Similarly, the support for a destitute mother is upon the wealthy grandmother.
Supporting text
If the relative blocking the inheritance is not among the direct ascendants or descendants, the blocked relative does not have support incumbent upon them. Regarding heirs blocked by someone who is destitute, there are two opinions: one holds that no support is due because the blocked person is not presently an heir, resembling a non-relative; the other holds that support is due because the kinship that generally necessitates inheritance and support exists, and the barrier to inheritance (poverty of the blocker) should not prevent support, as the blocker's destitution renders them effectively non-existent concerning financial obligation.