Maternal brother
الأخ لأم
The deceased's half-brother through the mother only. Maternal siblings take a fixed share and split it equally, brothers and sisters alike.
Their share
Each row is a family run through the engine in all four schools; the share is the group share of the maternal brother.
| Family | Ḥanafī | Mālikī | Shāfiʿī | Ḥanbalī |
|---|---|---|---|---|
| Alone | 1 with return (radd) | |||
| With Wife | 3/4 with return (radd) | |||
| With Son | excluded | |||
| With Mother | 1/3 with return (radd) | |||
| With Full brother | 1/6 fixed share (farḍ) | |||
| Maternal brother × 2 — With Husband, Mother, and Full brother | 1/3 fixed share (farḍ) | 2/9 fixed share (farḍ) | 2/9 fixed share (farḍ) | 1/3 fixed share (farḍ) |
| Maternal brother × 2 — With Husband, Mother, Full brother, and Full sister | 1/3 fixed share (farḍ) | 1/6 fixed share (farḍ) | 1/6 fixed share (farḍ) | 1/3 fixed share (farḍ) |
| With Husband, Mother, and Full sister × 2 | 1/9 fixed share (farḍ) | |||
Who excludes them
Present even once, each of these excludes the maternal brother in all four schools:
Whom they exclude
A single maternal brother excludes, in all four schools:
Where the schools differ
In these families the four schools give the maternal brother different shares:
The verse
The share of the maternal brother rests on Sūrat an-Nisāʾ, verse 12.
Read 4:12 in the Quran readerWorked examples
| Heir | Ḥanafī | Mālikī | Shāfiʿī | Ḥanbalī |
|---|---|---|---|---|
| Husband | 1/2 | 1/2 | 1/2 | 1/2 |
| Mother | 1/6 | 1/6 | 1/6 | 1/6 |
| Full brother | excluded | 1/9 | 1/9 | excluded |
| Maternal brother × 2 | 1/3 | 2/9 | 2/9 | 1/3 |
Questions
- How much does the maternal brother inherit?
- It depends on who else inherits. Computed in all four schools: with son: excluded; with full brother: 1/6; maternal brother × 2 — with husband, mother, and full brother: differs by school; maternal brother × 2 — with husband, mother, full brother, and full sister: differs by school; with husband, mother, and full sister × 2: 1/9.
- Does the maternal brother inherit when there is a son?
- No. In all four schools a son excludes the maternal brother entirely (ḥajb).
- Whom does the maternal brother exclude?
- In all four schools a single maternal brother excludes: daughter's son, daughter's daughter, sister's son, sister's daughter, maternal grandfather, maternal uncle, maternal aunt, and paternal aunt.
- Do the four schools agree on the share of the maternal brother?
- Not always. They differ in 2 of the situations computed here — for example, maternal brother × 2 — with husband, mother, and full brother: Ḥanafī 1/3, Mālikī 2/9, Shāfiʿī 2/9, Ḥanbalī 1/3.