How is the estate divided if the wife has a customary dower but the husband has no assets upon his death, subsequent to the favored marriage?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the wife possessed five units and the husband possessed nothing at the time of the favored contract, the calculation determines the value of the favored amount ('the thing'). After applying the rules of forced settlement (*jabr*) and comparison (*muqabal*), this value is determined. The wife receives her customary dower plus the determined favored amount, and half of this total reverts to the husband's heirs.
Supporting text
If the wife has a debt of three units, the calculation for determining the favored amount must proceed by ascertaining what remains in the hands of the husband's heirs. The remainder represents two and a half times the value of the 'thing' (the favored portion), allowing for the final determination of the 'thing's' worth.