said: “The killer does not inherit.” (1)
By uncertainty over the order of death, we mean that when two persons who would inherit from one another die under circumstances in which the order of their deaths is unknown—such as if they drowned or a building collapsed upon them—and it cannot be determined which of them died first, neither inherits from the other. Rather, the estate of each one passes to those of his heirs whose survival after his death is certain.
The specified shares in inheritance are six: one-half, one-quarter, one-eighth, two-thirds, one-third, and one-sixth.
One-half is the prescribed share of three: the husband, when there is no child; one direct daughter, or one son’s daughter when there is no direct child; and one full sister, or one paternal half-sister when there is no full sibling.
One-quarter is the prescribed share of the husband when the deceased woman has a child, and of the wife when the deceased man has no child.
One-eighth is the prescribed share of the wife when the deceased man has a child.
Two-thirds is the prescribed share of two or more direct daughters, and of two or more son’s daughters when there is no direct child; and of two or more full sisters or paternal half-sisters.
One-third is the prescribed share of three: the mother, when the deceased has neither a child nor two or more brothers and sisters—except in two cases: one in which there is a husband and both parents, and the other in which there is a wife and both parents. In these two cases, the mother receives one-third of what remains after the husband’s or wife’s share. It is also the prescribed share of two or more maternal half-siblings, male and female alike; and of the grandfather along with siblings, when there is no fixed-share heir in the case and one-third is more advantageous to the grandfather than division with the siblings.
As for one-sixth, it is the prescribed share of seven: the father, when the deceased has a child; the mother, when the deceased has a child or two or more brothers and sisters; the grandfather, when the deceased has a child, and along with brothers and sisters when there is a fixed-share heir in the case and one-sixth is more advantageous to the grandfather than division with the siblings; the grandmother or grandmothers; one maternal half-sibling, male or female; son’s daughters, when the deceased has one direct daughter, in order to complete ⦗79/b⦘ two-thirds; and paternal half-sisters, when the deceased has one full sister, in order to complete two-thirds.