Skip to content

Paternal nephew

ابن الأخ لأب

The son of the deceased's paternal half-brother. He follows the full nephew in the order of residuary heirs.

Their share

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

FamilyAll four schools
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)

Who excludes them

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

How exclusion (ḥajb) works

Whom they exclude

A single paternal nephew excludes, in all four schools:

Where the schools differ

In every situation above, the four schools give the paternal nephew the same share.

The verse

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

Worked examples

With Wife
HeirḤanafī
Wife 1/4
Paternal nephew 3/4
Open in calculator
With Daughter
HeirḤanafī
Daughter 1/2
Paternal nephew 1/2
Open in calculator
With Daughter × 2
HeirḤanafī
Daughter × 22/3
Paternal nephew 1/3
Open in calculator

Questions

How much does the paternal nephew 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 nephew inherit when there is a son?
No. In all four schools a son excludes the paternal nephew entirely (ḥajb).
Whom does the paternal nephew exclude?
In all four schools a single paternal nephew excludes: 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 nephew?
Yes. In every situation computed here the Ḥanafī, Mālikī, Shāfiʿī and Ḥanbalī schools give the same share.