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In case of inheritance we have a few kinds of heirs which we may categorize under one of the categories: spouses, parents (and their parents etc.), children (and their children etc.), siblings (and their heirs).

Is it possible to exclude somebody from a heritage?

If so why do some of the possible heirs may go out empty?

By possible heirs I mean only those who are allowed to inherit according to shari'a.

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  • No they do not, for example in the presence of the father or a son, the deceased's siblings do not receive a share. Do you require a complete list or just an example to illustrate the point? Also in your second question are you asking for hikmah behind it or are you asking for the basis of the ruling?
    – UmH
    Commented Jan 26, 2019 at 9:11
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    In addition to the "normal" cases described by @UmH, there are other unusual circumstances, e.g. when an heir is not a Muslim, when a child is unlawful, or when an heir had killed the diseased.
    – Hosam Aly
    Commented Jan 27, 2019 at 16:39
  • @UmH if you could provide a hikmah that would be great, I had in mind an explanation with an example in first place, if the cases where different of cours an example for each.
    – ياsr
    Commented Jan 28, 2019 at 7:47
  • @HosamAly good point I will exclude that.
    – ياsr
    Commented Jan 28, 2019 at 7:47

1 Answer 1

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Heirs who have a direct relationship with the deceased will always get a share in the estate, these are six relations: Father, Mother, Husband, Wife, Son and Daughter.

Among other heirs (e.g. grandparents, grandchildren, siblings etc.) some can block others from receiving a share. This is called حجب , specially the case where a heir goes empty is called حجب حرمان.

  • A heir blocks another heir who is related to the deceased through him. e.g: the father blocks the grandfather, a son blocks his children (grandchildren), a brother blocks his son (nephew).

  • Closer relations block distant relations. e.g: a son blocks the siblings, the mother blocks the grandmothers (including paternal grandmother), a brother blocks an uncle.

For details and exceptions refer to: الموسوعة الفقهية and الفقه الإسلامي وأدلته

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