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.
| Family | Ḥanafī | Mālikī | Shāfiʿī | Ḥanbalī |
|---|---|---|---|---|
| Alone | 1 residue (ʿaṣaba) | |||
| With Wife | 3/4 residue (ʿaṣaba) | |||
| With Son | excluded | |||
| With Daughter | 1/2 residue (ʿaṣaba) | |||
| With Daughter × 2 | 1/3 residue (ʿaṣaba) | |||
| With Mother | 2/3 residue (ʿaṣaba) | |||
| With Son's daughter and Father's father | excluded | 1/4 residue (ʿaṣaba) | 1/4 residue (ʿaṣaba) | 1/4 residue (ʿaṣaba) |
| With Father's father and Full sister | excluded | 1/10 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:
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:
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
| Heir | Ḥanafī | Mālikī | Shāfiʿī | Ḥanbalī |
|---|---|---|---|---|
| Son's daughter | 1/2 | 1/2 | 1/2 | 1/2 |
| Father's father | 1/2 | 1/4 | 1/4 | 1/4 |
| Paternal brother | excluded | 1/4 | 1/4 | 1/4 |
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.