Hajb — where a nearer heir blocks a more distant one, either completely or by reducing their share.
The Canadian position
Canadian intestacy has an ordering by degree of kinship, but the exclusions do not correspond.
A grandchild in Canada usually steps into a predeceased parent's place; faraid does not use representation the same way.
The Islamic position
Total exclusion: a son excludes a brother. Partial: a child reduces a wife from one quarter to one eighth.
Getting exclusion wrong is the commonest error in amateur calculations, and it changes almost every other share.
Six relatives can never be excluded from an estate outright — the father, the mother, the husband, the wife, the son and the daughter — and the Kuwaiti Mawsu’a records that by ijma‘. Everyone else can be. Exclusion comes in two grades: hajb hirman, being shut out completely, and hajb nuqsan, being moved from a larger fraction to a smaller one. Three rules do most of the work: a relative who reaches the deceased through another heir is excluded while that heir lives; the nearer of the same kind excludes the more remote; and the stronger blood tie excludes the weaker.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Hajb — when does one heir shut another out?.
Related madhhab issue: What a husband and a wife inherit.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Missing heir intestacy ontario estate — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Adopted children inheritance intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law