What portion of the estate must an heir who acknowledged a third heir surrender to the acknowledged person?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The amount due to the acknowledged person is the surplus remaining in the hand of the acknowledging heir corresponding to their rightful share. This view is held by Ibn Abi Laila, Malik, Al-Thawri, Al-Hasan ibn Salih, Shurayk, Yahya ibn Adam, Ishaq, Abu Ubaid, and Abu Thawr. The rationale is that the heir acknowledged a right to property claimed by the acknowledged person, which could legitimately belong to them. Therefore, judgment must be made in their favor regarding that property, analogous to acknowledging a debt of one's father or acknowledging a bequest when other heirs deny it.
Supporting text
Abu Hanifa holds that if there are two heirs and one acknowledges a brother, the acknowledging heir must surrender half of what is in his possession. If he acknowledges a sister, he must surrender one-third of what is in his possession, because he has taken an unrightful portion of the estate, placing him in the position of a usurper; the remainder is divided between the two original heirs. The Hanbalite jurists also hold that since the inheritance is divided into thirds, the acknowledging heir is only obligated to surrender one-third of what is in his possession, as if the lineage was proven by testimony. Furthermore, it is an acknowledgment of a right tied to his share and his brother's share, so he is not liable for more than his own portion, like acknowledging a bequest or one partner acknowledging a debt against partnership assets.