Article 226 of the Saudi Personal Status Law
المادة 226 من نظام الأحوال الشخصية · الفصل الثالث: الحجب والتعصيب والعول والرد
Residuary heirs together with another are the full or paternal half-sister with the daughter or the son's daughter; the sister is then treated like a brother in taking the remainder and excluding other residuary heirs.
Official text (Arabic)
This article has not been amended since the law was issued.
العصبة مع الغير هم: الأخت الشقيقة أو الأخت لأب -واحدةً فأكثر-، مع البنت أو بنت الابن -واحدةً فأكثر-. وتعامل الأخت في هذه الحالة معاملة الأخ في استحقاق الباقي، وفي حجب باقي العصبات.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 226 explained in plain English
This article explains the third type of residuary heirs, the residuary heirs together with another.
Who they are: the full sister or the paternal half-sister, one or more, when together with the daughter or the son's daughter, one or more.
The effect: in this case the sister is treated like a brother in two respects:
- Entitlement to the remainder: she takes what remains of the estate after the heirs entitled to fixed shares, including the daughter or the son's daughter, have taken their shares.
- Excluding other residuary heirs: she excludes those residuary heirs whom the brother would have excluded had he been in her place.
The difference from residuary heirs through another: in the case of residuary heirs through another, which Article 225 regulates, the woman becomes a residuary because of a male of her degree such as her brother, and the remainder is divided between them so that the male receives twice the share of a female. In the case of residuary heirs together with another, the sister becomes a residuary because of her being together with the daughter or the son's daughter, and the daughter does not share the remainder with her but takes her fixed share.
It is followed by Article 227, which explains that a residuary heir in his own right takes the whole estate if alone, and if with an heir by fixed share takes the remainder after the fixed shares, and is excluded if the fixed shares exhaust the estate.
Because this case affects the shares of the other relatives, it is advisable to consult a lawyer specializing in personal status matters when dividing the estate.
Practical example
A woman died in Riyadh leaving a daughter and a full sister. The daughter takes her share prescribed as a fixed share, and the full sister becomes a residuary together with another and takes what remains of the estate. She is treated like a brother, so those residuary heirs whom a brother excludes are also excluded by her.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Active contributorFrequently asked questions about Article 226 of the Saudi Personal Status Law
Does a sister inherit if the deceased has a daughter?
Yes. The full sister or the paternal half-sister with the daughter or the son's daughter is a residuary together with another, and takes the remainder after the fixed shares.
Does the sister exclude other residuary heirs?
Yes. In this case the sister is treated like a brother in taking the remainder and in excluding other residuary heirs.
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Being missing ends when the missing person is established to be alive or dead, or when a court judgment treats him as deceased.
ينتهي الفقد في أي من الحالتين الآتيتين: 1- إذا تحققت حياة المفقود أو وفاته. 2- إذا صدر حكم قضائي باعتبار المفقود متوفى.
- Article 166
The court rules that a missing person is deceased at an interested person's request if evidence of death exists; otherwise after 4 years from notification if his death is not likely, or one year from disappearance if it is likely.
تحكم المحكمة -بناءً على طلب من ذي مصلحة- بوفاة المفقود إذا قام الدليل على وفاته. وفيما عدا ذلك، على المحكمة ألا تحكم بوفاته إلا بعد مضي المدة المقررة بحسب الظرو
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يعد تاريخ صدور الحكم بوفاة المفقود تاريخاً لوفاته، ما لم يثبت تاريخ وفاته الحقيقي لاحقاً.
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يترتب على صدور الحكم باعتبار المفقود متوفى ثم ظهوره حيًّا، ما يأتي: 1- أن يرجع المفقود بالموجود عيناً من ماله على الورثة. 2- أن تعود زوجة المفقود إلى عصمته ما ل
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A will is carried out from the testator's estate after paying the costs of preparing the deceased for burial and settling his debts, subject to Article 190 of the Law.
مع مراعاة ما تقضي به المادة (التسعون بعد المائة) من هذا النظام، تنفذ الوصية من تركة الموصي، بعد إخراج نفقات تجهيز الميت وأداء ديونه.
- Article 179
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.