What is the ruling if each son has a son who screens the uncle from inheriting the father's estate?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 1

Open in Qurani

Primary text

If each son has a son who screens his uncle from inheriting his father's estate, and one son kills his brother, the victim's son inherits from him. Subsequently, the victim's son has the right to kill his uncle and inherit from him. Each grandson inherits his father's wealth and the wealth of his grandfather whom his uncle killed, excluding the wealth of the grandfather killed by his own father.

Supporting text

If each has a daughter, and one son kills his brother, Qisas against him lapses because he inherits half of his brother's wealth and half of his own Qisas. He inherits the wealth of his father killed by his brother, and half of his brother's wealth and half of his father's wealth which he himself killed. The daughter whose father was killed inherits half of her father's wealth and half of her grandfather's wealth killed by her uncle, and she is owed half the Diyya of her slain father from her uncle.