She died and left behind a daughter and a brother

Question

Praise be to Allah.

The daughter
gets half, because Allaah says (interpretation of the meaning):

“Allaah
commands you as regards your children’s (inheritance): to the male, a
portion equal to that of two females; if (there are) only daughters, two or
more, their share is two-thirds of the inheritance; if only one, her
share is a half”

[al-Nisa’
4:11]

The
questioner does not describe the brother’s situation. Is he a full brother
or a brother through the father only or through the mother only? If he is a
full brother or a brother through the father only, then he gets the rest of
the estate after the daughter takes her share (half). That is because the
Messenger (peace and blessings of Allaah be upon him) said: “Give the
shares of inheritance to those who are entitled to them, and whatever is
left, it should go to the closest male relative (on the father’s side).”
Narrated by al-Bukhaari (6773), Muslim (1615).

This brother
is the closest male relative to her, so he gets the rest after the daughter
takes her share.

But if this
brother is a brother through the mother only, then the division of the
estate is different.

The daughter
gets half, as stated above, and this brother through the mother does not get
a share, as he is not entitled to anything of the estate, because a brother
through the mother does not inherit anything if there are any children
(whether male or female), because Allaah says (interpretation of the
meaning):

“If
the man or woman whose inheritance is in question has left neither
ascendants nor descendants, but has left a brother or a sister,”
– i.e., on the
mother’s side – “ each one of the two gets a sixth”

[al-Nisa’
4:12]

So the
brother on the mother’s side does not inherit anything unless the deceased
left neither ascendants nor descendants (kalaalah).

Kalaalah
means the one who has no father or son, i.e., he has no father or
grandfather, and no son or daughter.

The scholars
are unanimously agreed that brothers on the mother’s side do not inherit
anything if there is one of the children of the deceased (whether male of
female). This was quoted by Ibn Qudaamah in al-Mughni (9/7).

Based on
this, the daughter gets half, as mentioned above, then if there are any male
relatives such as paternal uncles and their sons, after the daughter takes
her share, the rest is given to the closest man among them. If there is no
one, then this wealth should be given to the daughter, who takes the whole
estate.