Is maintenance (Nafaqah) obligatory upon relatives by blood (Dhawu al-Arham) who are not legal heirs by fixed share or as residuary heirs, if they are not from the main lines of lineage?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Maintenance is not obligatory upon relatives by blood who are not from the main lines of lineage (e.g., paternal aunt or maternal aunt). Ahmad explicitly stated this ruling. This is supported by one narration from Al-Qadi because their kinship is weak, and they only inherit in the absence of other heirs. When the deceased has no heir, their property is distributed to them, and the distribution of property (Radd) takes precedence over them, indicating their status is similar to other Muslims in this regard.
Supporting text
Abu Al-Khattab proposed an alternative narration suggesting that maintenance becomes obligatory upon them when there are no residuary heirs or heirs with fixed shares, because they inherit in that circumstance.