The ruling on the bequest of a person who leaves only uterine relatives (Dhuw al-Arham)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The apparent view of Al-Kharaqi suggests that a bequest of the entire estate is permissible when the deceased leaves only uterine relatives (Dhuw al-Arham), based on the premise that such relatives have no residuary heirs (Asabah) or freed master (Mawla). This is because the inheritance right of uterine relatives is considered a surplus or supplementary right, receiving nothing unless fixed-share heirs and residuary heirs are absent, and their maintenance is not obligatory. This is contrasted with the principle that their right is established only after fixed shares and residuary heirs are satisfied.
Supporting text
It is also argued that the bequest should not exceed one-third because uterine relatives are still inheritors who are entitled to the property after death, making their relationship similar to that of fixed-share heirs and residuary heirs. Therefore, their right to the whole estate is restricted, analogous to how fixed-share heirs restrict each other or how residuary heirs are treated, supporting the Prophetic saying: "That you leave your heirs wealthy is better than leaving them destitute, begging from people."