Who inherits under a bequest made to 'the children of so-and-so' when they do not constitute 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 to the 'children of so-and-so' and they are not a recognized tribe, the bequest applies exclusively to his direct offspring (sons and daughters). Grandchildren are not included unless there is a contextual indication (*qarina*) clarifying their inclusion. Such indications include a situation where the testator has no direct offspring, an explicit statement excluding daughters' offspring, a preference statement, or a differentiation favoring specific offspring. The term 'children' (*awlad*) in its primary, literal sense refers only to direct offspring.

Supporting text

A dissenting view suggests that the children of the sons should be included in the bequest unless there is an indication to exclude them, based on the precedent where God mentioned 'children' in inheritance rulings to include them in various contexts.