Who inherits when a bequest is made to 'the children of so-and-so' specifying a tribe?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a bequest is made specifying the children of a certain lineage, such as Banu Hashim or Banu Tamim, the bequest encompasses all members of that tribe, including males, females, and those whose sex is indeterminate (khuntha). The descendants of the male members of the tribe are included. The basis for this inclusion is that the term for the tribe refers to both genders within it, as evidenced by divine pronouncements such as, 'O children of Adam' (Quran 7:26) and 'Indeed, We have honored the children of Adam' (Quran 17:70), which encompasses all of them. Furthermore, the saying, 'We are female neighbors from Banu al-Najjar... what a good neighbor is Muhammad,' demonstrates the application of the tribal designation to females.

Supporting text

The descendants of the daughters of the lineage are not included in the bequest, as they are not considered to derive their primary tribal lineage through the female line.