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Paternal brother

الأخ لأب

The deceased's half-brother through the father only. He follows the full brother and inherits as a residuary when none is ahead of him.

Their share

Each row is a family run through the engine in all four schools; the share is the group share of the paternal brother.

FamilyḤanafīMālikīShāfiʿīḤanbalī
Alone1 residue (ʿaṣaba)
With Wife3/4 residue (ʿaṣaba)
With Sonexcluded
With Daughter1/2 residue (ʿaṣaba)
With Daughter × 21/3 residue (ʿaṣaba)
With Mother2/3 residue (ʿaṣaba)
With Son's daughter and Father's fatherexcluded1/4 residue (ʿaṣaba)1/4 residue (ʿaṣaba)1/4 residue (ʿaṣaba)
With Father's father and Full sisterexcluded1/10 residue (ʿaṣaba)1/10 residue (ʿaṣaba)1/10 residue (ʿaṣaba)

Who excludes them

Present even once, each of these excludes the paternal brother in all four schools:

Depends on the school:

How exclusion (ḥajb) works

Whom they exclude

A single paternal brother excludes, in all four schools:

Where the schools differ

In these families the four schools give the paternal brother different shares:

  • With Son's daughter and Father's father: Ḥanafī excluded · Mālikī 1/4 · Shāfiʿī 1/4 · Ḥanbalī 1/4 Read more
  • With Father's father and Full sister: Ḥanafī excluded · Mālikī 1/10 · Shāfiʿī 1/10 · Ḥanbalī 1/10 Read more

The verse

No inheritance verse of Sūrat an-Nisāʾ (4:11, 4:12, 4:176) names a share for the paternal brother; their place follows the rules the scholars derived from the Sunnah and those verses.

Worked examples

With Son's daughter and Father's father
HeirḤanafīMālikīShāfiʿīḤanbalī
Son's daughter 1/21/21/21/2
Father's father 1/21/41/41/4
Paternal brother excluded1/41/41/4
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With Wife
HeirḤanafī
Wife 1/4
Paternal brother 3/4
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With Daughter
HeirḤanafī
Daughter 1/2
Paternal brother 1/2
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Questions

How much does the paternal brother inherit?
It depends on who else inherits. Computed in all four schools: alone: 1; with wife: 3/4; with son: excluded; with daughter: 1/2; with daughter × 2: 1/3.
Does the paternal brother inherit when there is a son?
No. In all four schools a son excludes the paternal brother entirely (ḥajb).
Whom does the paternal brother exclude?
In all four schools a single paternal brother excludes: full nephew, paternal nephew, full paternal uncle, paternal half-uncle, full cousin, paternal cousin, 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 paternal brother?
Not always. They differ in 2 of the situations computed here — for example, with son's daughter and father's father: Ḥanafī excluded, Mālikī 1/4, Shāfiʿī 1/4, Ḥanbalī 1/4.