How is the estate distribution calculated when a sick wife seeks Khul' for the full amount of her property, according to Ahmad's opinion?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a sick woman divorces herself for the full amount of her property (one hundred when her Mahr al-Mithl was ten), she retains her Mahr al-Mithl plus half of the remaining property as a gift (muhabah). The remainder reverts to the husband's estate. In a specific example where the Mahr al-Mithl was ten and compensation was one hundred with no other property, she secures the Mahr al-Mithl and a portion based on muhabaha, resulting in her receiving forty-eight and the husband's heirs receiving seventy-six from the total, with twenty-four remaining to the wife.
Supporting text
According to Shafi'i in this scenario, the husband's heirs retain the Mahr al-Mithl plus one-third of the remaining property as muhabaha. Abu Hanifa holds that the husband's heirs should receive one-third of the Mahr al-Mithl and one-third of the remaining property as muhabaha.