7. THOSE WHOSE SHARES ARE ELIMINATED BY OTHERS
THOSE WHOSE SHARES ARE ELIMINATED BY OTHERS (HAJB)
The share of X’s half-brother from the same mother is eliminated by the existence of four types of heir:
-X’s inheriting-descendant (male or female);
-the descendant (male or female) of X’s son;
-X’s father;
-or X’s grandfather.
The share of X’s full brother is eliminated by three:
-X’s son; -X’s son’s son;
-or X’s father.
The share of X’s half-brother from the same father is eliminated by four:
-X’s son;
-X’s son’s son;
-X’s father;
-or X’s full brother.
The share of the son of X’s son is eliminated by X’s son, and likewise the son of the son of X’s son, and on down: each is eliminated by the existence of a son closer to X (meaning fewer generations from X, even if the one who is closer is from a different one of X’s sons).
X’s grandmother or great-grandmother does not inherit if X’s mother exists.
Neither X’s grandfather (i.e., father’s father) nor grandmother or great -grandmother on the father’s side may inherit when X’s father exists.
When X’s daughters receive a full two thirds of the estate, then the daughters of X’s son do not inherit, unless they are made co-universal heirs by the existence of a male who is at the same distance (number of generations) from X as they are, or by one who is farther from X than they. When they are co-universal heirs, the male receives the share of two females.
For example, if there are two daughters and a daughter of X’s son, the two daughters take two thirds and the son’s daughter receives. nothing. But if there also exists with her X’s son’s son, or son’s son’s son, then she (as co-universal heir with him) gets the rest of the estate with him, the male receiving the share of two females (and such a male is nicknamed her blessed brother (akh mubarak».
Similarly, when X’s full sisters receive two-thirds of the estate, then X’s half-sisters from the same father do not inherit, unless they have a brother to make them co-universal heirs, the male receiving the share of two females.
Someone who does not inherit to begin with (due to the existence of a preventive cannot eliminate the share of anyone (such a person being as if nonexistent in figuring the estate division).
Someone who may inherit, but whose share has been eliminated by another, cannot eliminate the share of anyone, although such a person’s existence may diminish the share of someone, as when there exist X’s half-brothers from the same mother, and X’s father and mother. ]n such a case, the half-brothers do not inherit but their existence diminishes the mother’s share from a third to a sixth.
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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John Doe
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